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Madras High CourtWP/32756/2022disposed of

Ajmunnisa v. The Principal Secretary/Commissioner,

2022-12-05Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ajmunnisa ...

Petitioner Vs 1.The Principal Secretary/Commissioner Rippon Buildings Chennai - 600 003.

2.The Regional Deputy Commissioner (North) Basin Bridge Road Chennai - 600 003.

3.The Assistant Engineer Old Divison No.27 New Division No. 60 Old Zone No. II, New Zone No. V Maraikayar Lalbal Street, Chennai-01.

...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records comprised in the order dated 26.10.2022 passed in ref.Z.O.V.S.C. No. 5929/2021 on the file of the 1st respondent to immediately handover vacant possession of the property in respect of land and house bearing Old Door No.12, New Door No.25, Ibrahim Sahib Street, 2nd lane, Chennai - 600 001 measuring an extent of 1680 sq.ft

comprised in Old S.No.2781 R.S.No.3641 of Muthaialpet Village, Tondiarpet Taluk to quash the same and consequently direct the respondents to put back the petitioner in possession of the said property.

For the Petitioner :: Mr.R.Singaravelan, Senior Counsel, for Mr.S.Arumugam For the Respondents :: Mr.A.Arun Babu

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed challenging the correctness of the impugned order dated 26.10.2022, passed by the first respondent.

2. According to the petitioner, she and her family members are the owners of the property at Old Door No.12, New Door No.25, Ibrahim Sahib Street, 2nd lane, Chennai - 600 001 measuring an extent of 1680 sq.ft comprised in Old S.No.2781, R.S.No.3641 of Muthaialpet Village, Tondiarpet Taluk. The petitioner contended that they are not in possession of land in Block No.32, T.S.No.3584/1, Purasawalkam Taluk, VOC Nagar. That being the case, the impugned

order is issued without any basis and it is totally unsustainable.

2. Learned counsel for the respondents would submit that the land in Block No.32, T.S.No.3584/1, Purasawalkam Taluk, VOC Nagar alone has been taken possession by the Government and the said land is under lock and seal.

3. Recording the submission of both sides, this writ petition is disposed of as no further order is necessary. No costs. Consequently, WMP No.32147 of 2022 is closed.

(T.R., ACJ.) (D.B.C., J.) 05.12.2022 Index: Yes/No tar To 1.The Principal Secretary/Commissioner Rippon Buildings Chennai - 600 003.

2.The Regional Deputy Commissioner (North) Basin Bridge Road Chennai - 600 003.

3.The Assistant Engineer

Old Divison No.27 New Division No. 60 Old Zone No. II, New Zone No. V Maraikayar Lalbal Street, Chennai-01.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 05.12.2022