V.C.Thangamagan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2020 CORAM :

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE P. RAJAMANICKAM W.P.No.18860 of 2020 and W.M.P.No.23448 of 2020 V.C.Thangamagan Previously called as M.C.Kalaithangam

...Petitioner

Vs.

1.The Commissioner, Corporation of Greater Chennai, Chennai - 600 003.

2.The Executive Engineer, Zone:10, Corporation Office, No.64, NSK Salai, Kamarajar Colony, Kodambakkam, Chennai - 24.

3.The Assistant Executive Engineer, Unit No.31, Corporation Office, No.58, Thambiah Reddy Salai, West Mambalam, Chennai - 33.

4.The Assistant Engineer, Division No.133, Corporation Office, No.21, Ram Colony, West Mambalam, Chennai - 33.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for records made in Letter No. 10 / 00163 / 2019 dt. 18.11.2019 issued by the respondents 2 to 4 herein and quash the said impugned notice.

For Petitioner : Mr.G.Ramadurai For Respondents : Mr.M.Ganesan Standing Counsel

O R D E R

(Order of the Court was made by M. SATHYANARAYANAN, J.) (Through Video Conferencing) The petitioner, challenging the Lock & Seal and Demolition Notice, dated 18.11.2019, issued by the respondents 2 to 4, came forward to file this writ petition.

2.Learned counsel appearing for the petitioner would submit that the marriage of the petitioner's son is scheduled to be held in the demise premises on 25.01.2021 and till such time, prayed for some protection, so as to enable him to work out his remedy in accordance with law.

3.Mr.M.Ganesan, learned Standing Counsel appearing for the respondents, would submit that, subject to the genuineness and authenticity of the marriage invitation, which is available at Page No.21 of the Typed Set of Papers, respondents 2 to 4 shall defer the decision in terms of the impugned notice, till 31.01.2021. In response to the same, the learned counsel appearing for the petitioner would submit that the said marriage invitation is also a genuine one, and the marriage is be solemnized only in the demise premises, and the said submission, on instructions, is placed on record.

4.In the light of the effective alternative remedy available to the petitioner, the learned counsel appearing for the petitioner seeks leave of this Court to withdraw this writ petition with liberty to avail the same, and also undertakes to send an endorsement to that effect, through e-mail, to the Registry of this Court.

5.In the light of the same, this writ petition is dismissed as withdrawn, with the above said affirmation to defer further steps in terms of the impugned notice, till 31.01.2021. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mkn

To 1.The Commissioner, Corporation of Greater Chennai, Chennai - 600 003.

2.The Executive Engineer, Zone:10, Corporation Office, No.64, NSK Salai, Kamarajar Colony, Kodambakkam, Chennai - 24.

3.The Assistant Executive Engineer, Unit No.31, Corporation Office, No.58, Thambiah Reddy Salai, West Mambalam, Chennai - 33.

4.The Assistant Engineer, Division No.133, Corporation Office, No.21, Ram Colony, West Mambalam, Chennai - 33.

+1cc to Mr.M.Ganesan, Advocate, S.R.No.41358 +2ccs to Mr.G.Ramadurai, Advocate, S.R.No.41494 W.P.No.18860 of 2020 SRA(CO) KKV/30/12/2020