D.Swarnalatha v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2016

CORAM

THE HON'BLE MR. JUSTICE K.K.SASIDHARAN and THE HON'BLE MR. JUSTICE M.VENUGOPAL W.A. No.227 of 2016 and C.M.P.No.3588 of 2016 D.Swarnalatha ..

Appellant Vs.

1.The Government of Tamil Nadu rep. by its Principal Secretary, Home (Cinema) Department, Fort St. George, Chennai - 9.

2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.

3.The District Collector, Dharmapuri District, Collectorate Complex, Dharmapuri - 5.

4.G.Janardhanan ..

Respondents Appeal filed under Clause 15 of Letters Patent Act against the order dated 18.12.2015 made in W.P.No.27820 of 2013 presented under art 226 of Constitution of India, praying to issue a Writ of Certiorari Calling for the records of the 1st respondent relating to this order in G.O.(D) No.676 dated 26.08.2013 quash the same.

For Appellant .. Mr.R.Subramanian For Respondents.. Mr.P.S.Sivashanmugha Sundaram, Spl. Govt. Pleader for R1 to R3 Mr.T.Gowthaman for R4

JUDGMENT

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.) By consent, the writ appeal is taken up for final disposal at the stage of admission.

2.This Intra Court Appeal is directed against the order dated 18 December 2015 in W.P.No.27820 of 2013 whereby and whereunder the learned single Judge quashed the order passed by the first respondent and directed the authority to consider the matter afresh with notice to the appellant. While issuing such a direction, the learned single Judge permitted the fourth respondent herein to run the cinema theatre on the basis of epermission granted earlier. Feeling aggrieved by the said indulgence shown to the fourth respondent, the appellant is before us.

3.The learned counsel for the appellant submitted that the matter is now posted before the first respondent on 04 March 2016.

4.The first respondent is directed to conduct the hearing on 04 March 2016 and complete the proceedings as expeditiously as possible and in any case on or before 21 March 2016. 5.The learned counsel for the appellant submitted that the appellant would be represented before the first respondent by Ms.G.Sumithra, Advocate and permission may be granted for her appearance.

6.We permit the above named counsel for the appellant to argue the matter by appearing before the first respondent on 04 March 2016 or any other subsequent date of hearing. The first respondent is directed to permit the learned counsel to argue the matter as she is already on record without insisting to file a fresh vakalat in view of the fact that the appellant is presently undergoing treatment at London. The order permitting the fourth respondent to run the cinema theatre pursuant to the e-permission given earlier would stand suspended till the disposal of the matter by the first respondent.

7.The writ appeal is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Principal Secretary to Government, Home (Cinema) Department, Fort St. George, Chennai - 9.

2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.

3.The District Collector, Dharmapuri District, Collectorate Complex, Dharmapuri - 5.

+1cc to Mr.R.Subramanian, Advocate sr.13396 W.A.No.227 of 2016 ksj[co] srg 04/03/2016