Madras High CourtWP(MD)/4105/2019disposed of

Guru A/C. Dts Theatre, v. The Joint Commissinoer,

2019-02-21Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.4105 of 2019 and WMP(MD)Nos.3206 & 3207 of 2019 Guru A/c.DTS Theatre, Rep.by its Proprietor, G.Pandiyarajan ... Petitioner Vs.

1.The Joint Commissioner, O/o.Additional Chief Secretary / Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai.

2.The District Collector, Madurai District, Madurai - 625 020.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order dated 19.02.2019 of the first respondent in RC.No.L1/3605/2019 and quash the same. For Petitioner : Mr.J.Anandkumar For Respondents : Mr.M.Rajarajan, Government Advocate

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner suffered an adverse order at the hands of the second respondent on 09.01.2019. Questioning the same, he filed an appeal before the first respondent. The first respondent dismissed the said petition filed by the writ petitioner even without hearing the writ petitioner. It has been categorically held by this Court an interim relief in such cases is automatic. The first respondent ought to have seen that if interim order is denied, the appeal https://hcservices.ecourts.gov.in/hcservices/

itself will become infructuous. Therefore, the order dated 09.01.2019 passed by the second respond in Ni.Mu.No.50808/2018/C1 stands stayed till the disposal of the appeal filed by the writ petitioner before the first respondent.

3.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The Joint Commissioner, O/o.Additional Chief Secretary / Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai.

2.The District Collector, Madurai District, Madurai - 625 020.

+1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.49053 +1 CC to M/s.J.ANAND KUMAR, Advocate SR-48864 WP(MD)No.4105 of 2019 and WMP(MD)Nos.3206 & 3207 of 2019 21.02.2019 skm PK/09.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/