K.Perumal v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Perumal ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by the Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority Chennai 600 008.

3. The Commissioner Corporation of Chennai Ripon Building Chennai 600 003.

4. The Executive Engineer New Zone IV Corporation of Chennai No.281, T.H.Road Tondiarpet, Chennai 600 081.

5. The Correspondent Don Bosco Matriculation School 2nd & 3rd Cross Street MKB Nagar Chennai 600 039.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing respondents 1 to 4 to enforce the locking and sealing and demolition notice bearing letter No.D/SPL/ AE/33 dated 12.12.2011 issued by respondent No.4 against respondent No.5.

For the Petitioner : Mr.M.Radhakrishnan For the Respondents : Mrs.R.Anitha Special Government Pleader for R1 Mr.C.Johnson for R2 Mr.P.Gopinathan for R3 & R4 Mr.K.Doraisamy Senior Counsel for Mr.N.Ishtaiq Ahmed for R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Radhakrishnan, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for respondent 1, Mr.C.Johnson, learned counsel for respondent 2, Mr.P.Gopinathan, learned counsel for respondents 3 & 4 and Mr.K.Doraisamy, learned Senior Counsel for Mr.N.Ishtaiq Ahmed, learned counsel for respondent 5.

2. It is submitted that the fifth respondent has filed an application for regularisation with the Chennai Metropolitan Development Authority (2nd respondent). The Government Order permitting regularisation is set aside by this Court and now, the matter is subjudice before the Apex Court.

3. We have disposed of other writ petitions, with an observation that, "if subsequently after the orders are passed by the Apex Court and the petitioners have any remedy open, they are entitled to agitate the same afresh. In that event, all contentions are kept open". We have observed that the parties may take steps pursuant to the

judgment of the Apex Court.

4. In case, after the judgment of the Apex Court, if it is found that the fifth respondent is not entitled for regularisation, then the petitioner may agitate afresh.

5. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.9832 of 2018 is closed.

(S.V.G., CJ.) (P.D.A., J.) 27.07.2023 Index :

Yes/No :

Yes/No drm To

1. The Secretary to Government The State of Tamil Nadu Housing and Urban Development Department Secretariat, Chennai 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority Chennai 600 008.

3. The Commissioner Corporation of Chennai Ripon Building Chennai 600 003.

4. The Executive Engineer New Zone IV Corporation of Chennai No.281, T.H.Road Tondiarpet, Chennai 600 081.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) W.P.No .9725 of 2017 27.07.2023