Madras High CourtWP/21651/2019closed

Lion.G.Devarajan v. The Additional Chief Secretary

2020-03-09Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2020

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH And THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.21651 of 2019 Lion G.Devarajan ... Petitioner Vs.

1 The Additional Chief Secretary Home Prohibition and Excise Department Secretariat, Fort Saint George, Chennai 9.

2 The Secretary Public Works Department, Secretariat, Fort Saint George, Chennai 9.

3 The Chennai District Collector Collectorate 62, Rajaji Salai, Chennai 1.

4 The Director General of Police Railway Police, No.8, Varadharajulu Street, Chennai 8.

5 The General Manager Southern Railway Headquarters Office, Park town, Chennai 3.

6 The Tahsildar Perambur - Purasawakkam Taluk Taluka Office Campus, Perambur main road, Perambur, Chennai 11.

7 The Commissioner Greater Chennai Corporation Ribbon building, Chennai 3.

8 The Managing Director Chennai Metropolitan Water Supply and Sewerage Board, 1, Pumping Station Road, Chintadripet, Chennai 2.

9 The Chairman cum Managing Director TANGEDCO, 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai 2.

10 MUTHAMIL HOTAL The Proprietor.

11 BAJJI KADAI The Proprietor.

12 HOTEL YA-KABAB The Proprietor.

13 PREMA SHOE MART The Proprietor.

14 ATHO FOODS The Proprietor.

15 BALU SALOON SHOP The Proprietor.

16 P.K.R.PAL COWA SHOP The Proprietor.

17 PERAMBUR IDLY SHOP The Proprietor.

(R10 to R17 Impleaded as per order dt 25/11/2019 made in WMP.23033/2019 in WP.21651/2019 by MSNJ, NSSJ) ... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents to take action by considering petitioner's representation dated 04.01.2018, 25.06.2018, 12.11.2018, 05.04.2019 and 23.05.2019 and to remove the encroachment and secure the encroached land and property bearing survey No.353/1 Old Purasawalkam - Perambur Taluk, New Perambur Taluk, (Near) Opp. Perambur Railway Station, Perambur at Chennai belongs to State/Central Government, from the encroachers and directing the Respondent's to utilize the alleged land for any other public welfare scheme.

For Petitioner :Mr.G.Devarajan Party - in - Person For Respondents :Mr.R.Vijayakumar for R1 to R4 & R6 Additional Government Pleader Mr.P.T.Ramkumar for R5 Mr.K.Raja Srinivas for R7 & R8 Mr.G.Thangavel for R10 to R17

O R D E R

(Order of the Court was delivered by M.M.SUNDRESH,J.) This public interest litigation has been filed seeking appropriate direction against the encroachers of the public land. 2.The learned Additional Government Pleader appearing for the State submitted that as against the order of the Division Bench dated 04.02.2020 made in W.P.No.21651 of 2019, Special Leave Petition has been filed by the encroachers and orders have been obtained.

3.The learned counsel appearing for respondent nos.10 to 17 also submitted the same. He has also filed a memo dated 09.03.2020 to that effect, enclosing copy of the order of the Hon'ble Apex Court in Special Leave to Appeal (C) No.5081 of 2020 dated 27.02.2020 which indicates the grant of interim stay of operation of the impugned judgment.

4.In view of the above, this writ petition stands closed. It is well open to the petitioner to implead himself in the Special Leave Petition, if so advised. No costs. Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar pri

To 1 The Additional Chief Secretary Home Prohibition and Excise Department Secretariat, Fort Saint George, Chennai 9.