The Federation Of Civic And v. The Government Of India Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2016
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Appeal No.1362 of 2016 and C.M.P.No.17481 of 2016 M/s.The Federation of Civic and Welfare Association of Pallavaram Municipality (Reg.No.175 of 1986) Pallavaram Nagara Kudiyirupor Nalavazhvu Sangangalin Inaippu Maiyam Rep. By its Vice President Having its Office at No.66, II Cross Street AGS Colony, Chrompet, Chennai-600 044 ..Appellant/petitioner Vs
1. The Government of India Rep by Secretary to Government Department of Art, Culture and Language Govt. of India, New Delhi
2. The Archeological Survey of India Chennai Circle, Govt of India Fort St.George, Secretariat, Chennai-009 Rep. By its Superintending Archeologist
3. The Chennai Metropolitan Development Authority (CMDA) rep by its Member Secretary Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road, Egmore, Chennai-600 008
4. The Member Secretary and Commissioner Department of Archeology and Competent Authority TN Archeological Survey of India Chennai and Trissur Circle Tamil Valarchi Vazhagam, Halls Road Egmore, Chennai-600 008
5. The Commissioner Pallavaram Municipality Pallavaram, Chennai-600 043
6. The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) Rep. By its Chairman 800, Anna Salai, Chennai-2
7. The Superintending Engineer TANGEDCO, CNDC/South 110, KVSS Complex, K.K.Nagar, Chennai-79
8. The Executive Engineer (O&M) TANGEDCO 11-N Shanmugam Road Tambaram, Chennai-43
9. The Assistant Engineer O&M Pallavaram EAST CNDC/South TANGEDCO, Chennai-43 ..Respondents/Respondents Prayer : Writ Appeal filed against the order passed in W.P.No.12753 of 2013 dated 24.10.2016. Writ petition filed under Article 226 of constitution of India praying to , it is humbly prayed to isssue a Writ of certiorarified Mandamus or any other appropriate Writ, Order or Direction in the nature of Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 3rd respondent in Letter No.C1/H/5915/2010 dated 18.6.2010 and of the 2ndrespondent in Letter No.33/SUR/2010/2652 dated 9.6.2010 in so far as it relates to Sl.No.
7 of 2nd respondents letter relating to Tambaram Taluk Kancheepuram District and quash the same and consequently forbear the respondents herein from in any manner interferring with the right of the members of the petitioners associations from putting any constructions and carrying out repairs renovations or making modifications to their existing buildings or the facilities to the buildings located in and around the area covered under Survey Nos.56 and 63 of Pallavaram Village, Tambaram Taluk, Kancheepuram District. For Appellant : Ms.S.Rajeni Ramadass For Respondents : Mr.Su.Srinivasan, ASG for R1 and R2 No appearance for R 3 to R 9.
JUDGMENT
(Delivered by Huluvadi G.Ramesh,J) The appellant has come up with here the above appeal challenging the interim order passed by the learned single Judge
in W.P.No.12753 of 2013 dated 24.10.2016.
2. Heard Ms.S.Rajeni Ramadass, learned counsel for the appellant and Mr.Su.Srinivasan, learned Standing Counsel for respondents 1 and 2.
3. The appellant herein is the welfare association of Pallavaram Municipality. The order passed by the learned Single Judge dated 24.10.2016, is the interim order directing the Superintendent of Police, Kancheepuram District, to be present along with sufficient police force, to handle the situation in respect of joint survey/inspection and the subject issued in main writ petition is pending consideration.
4. It is represented that the earlier joint survey/inspection could not be carried on for reasons of mass agitation etc., and in such circumstances, the interim order has been passed by the learned single Judge. This Writ Appeal is now filed against the said interim order and also challenging the conduct of survey by the Archaeological Department. In our considered opinion, the prayer sought herein does not survive for consideration at all, since the main writ petition itself is pending consideration before the learned Single Judge. Further if the petitioner association requires any order to be passed in respect of the subject matter of writ petition, it is open to them to file appropriate petition in the pending Writ Petition, before the learned Single Judge.
5. The Writ Appeal is dismissed with the above observation. No costs. Consequently, connected CMP is closed. Sd/ Assistant registrar(CS II) TRUE COPY// sub assistant registrar nvsri To
1. The Secretary to Government The Government of India Department of Art, Culture and Language Govt. of India, New Delhi
2. The Superintending Archaeologist The Archeological Survey of India Chennai Circle, Govt of India Fort St.George, Secretariat, Chennai-009
3. The Member Secretary The Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road, Egmore, Chennai-600 008
4. The Member Secretary and Commissioner Department of Archeology and Competent Authority TN Archeological Survey of India Chennai and Trissur Circle Tamil Valarchi Vazhagam, Halls Road Egmore, Chennai-600 008
5. The Commissioner Pallavaram Municipality Pallavaram, Chennai-600 043
6. The Chairman, The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) 800, Anna Salai, Chennai-2
7. The Superintending Engineer TANGEDCO, CNDC/South 110, KVSS Complex, K.K.Nagar, Chennai-79
8. The Executive Engineer (O&M) TANGEDCO 11-N Shanmugam Road Tambaram, Chennai-43
9. The Assistant Engineer O&M Pallavaram EAST CNDC/South TANGEDCO, Chennai-43 +1 CC to M/s. SU. Srinivasan, Advocate SR 66940 W.A.No.1362 of 2016 GM1 sp/11/1