Minor V.Karthi, Rep. By His v. The Secretary, Selection
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.09.2020
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Sathya Studios (P) Ltd., Rep by its Managing Director M.Rajendran Sathyabhama M.G.R.Maligai, No.6, Adyar Bridge Raod, Chennai 600 028.
... Petitioner vs
1. The State of Tamil Nadu, Rep by its Secretary, Revenue Department.
Fort St.George, Chennai.
2. The District Collector, Chennai District No.62, Rajaji Salai, Chennai 600 001.
3. The Tahsildar, Mylapore, Triplicane Taluk, Chennai - 600 028
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorari calling for the records of the 3rd respondent in proceedings Rc.No. (B3) 4958/1990 dt 01.12.2008 and quash the same. **** For Petitioner : Mr.Madhan Babu 1/4
For Respondents : Mr.S.R.Rajagopal, AAG Assisted by Mr.V.Shanmugasundar Spl.Govt.Pleader.
****
ORDER
This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.
2. The prayer sought for in this writ petition is to call for the records of the third respondent in proceedings Rc.No. (B3) 4958/1990 dated 01.12.2008 and quash the same.
3. The petitioner had made a representation to the District Collector, Chennai on 07.09.2020, pending this Writ Petition. Admittedly, an interim direction to maintain status quo was granted on 22.12.2008, which was made absolute on 14.11.2011.
4. Nevertheless, in the recent representation given by the petitioner in paragraph Nos.13 and 15, the petitioner themselves have acknowledged the proposal for construction of a connecting road and the land that may be required for the said purpose is around 3000 sq. mtrs and the request to the 2/4
Collector is only for leasing out the remaining 64,000 sq.ft of land in Survey No.4275/5.
5. Mr.S.R.Rajagopal, learned Additional Advocate General assisted by Mr.V.Shanmugasundar, learned Special Government Pleader appearing for the respondents expresses the urgency in the matter, as contracts have to be awarded to the third parties for carrying out the work of laying up of the road, pending consideration of the representation of the petitioner before the District Collector, Chennai.
6. As the petitioner has also understood the difficulty and it is also willing to give up the required extent of land of 3,000 sq.mtrs approximately, it is open to the respondents to proceed with their project. However, it is made clear that before actually commencing their work, the third respondent has to measure the exact passage required for the said purpose.
7. Excepting the above direction, the order of status-quo already passed by this Court for not evicting the petitioner, etc. would remain unaltered. 3/4
PUSHPA SATHYANARAYANA.J gg/srn
8. Considering the importance and the urgency of the matter, the District Collector, Chennai, who is the second respondent herein, is directed to consider the representation of the petitioner dated 10.09.2020 as expeditiously as possible, however, not beyond four weeks from today.
9. Post the writ petition, after 4 weeks, i.e., on 02.11.2020. 28.09.2020 gg/srn To
1. The Secretary, State of Tamil Nadu, Revenue Department.
Fort St.George, Chennai.
2. The District Collector, Chennai District No.62, Rajaji Salai, Chennai 600 001.
3. The Tahsildar, Mylapore, Triplicane Taluk, Chennai - 600 028.
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