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Madras High CourtWMP(MD)/8738/2021allowed

Mehadharshini Resorts Pvt. Ltd., v. The State Of Tamil Nadu,

2021-09-16Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Sixteenth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice SENTHILKUMAR RAMAMOORTHY WMP(MD)No.8738 of 2021 in WP(MD)No.14877 of 2012 1.Mehadharshini Resorts Private Limited, Represented by its Director Mr.A.S.T.Jayaraman, Administration Office at 5th Cross Street, No.557, Ponnuvel Pillai Garden, Aminjikarai, Chennai-600 029.

2.M.M.K.Vettaikaran Educational Trust, Represented by its Trustee Mr.Babu Ramasamy, A-8, Srivari Brindavan, Mahathma Gandhi Road, Avarampalayam, Coimbatore-641 006.

3.Youthful Entertainers, Represented by its Director Mr.Ramakrishna Padhuke, No.7, 2nd Cross Street, Alamelumangapuram, Madipakkam, Chennai-600 091.

4.Highwavys Family Kitchens, Represented by its Director Mrs.S.Dhanabakiam, No.3/2011, Jeevan Bhima Nagar, Anna Nagar West Extension, Chennai-600 040.

... Petitioners/Petitioners Vs 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Tourism and Culture Department, Fort.St.George, Chennai 600 009.

2.The Commissioner Tourism and Culture Department, 1/4

No.1, Wallajah Road, Tourism Complex, Triplicane, Chennai 600 005.

3.The Director, Panchayat Department, Kuralagam, Chennai 600 001 4.The District Collector, Theni District, District Collector Office Complex, Madurai Road, Theni.

5.The Assistant Director, Special Panchayat, District Collector Office Complex, Madurai Road, Theni.

6.The Executive Officer, Highways Special Panchayat, Megamalai Post, Chinnamanur Via, Theni District.

Respondents/Respondents Prayer in WMP(MD)No.8738 of 2021 :- This Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, to set aside the order dated 16.06.2021 and restore the above Writ Petition in WP(MD)No.14877 of 2012 and may hear the Writ Petition on merits. Prayer in WP(MD)No.14877 of 2012:- This Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order in Na.Ka.No.38024/2011/AA1 dated 04.10.2012 passed by the 4th respondent and the orders passed by the 6th respondent in Na.Ka.No.9/2012 dated 12.07.2012 and 28.08.2012 respectively and quash the same and to direct the 4th respondent to pass orders on the representations of the petitioners dated 10.07.

2012 and allot suitable land in Highways, Town Panchayat for developing Eco Friendly Tourism Resorts and thus render justice. ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and earlier of this Court dated 16.06.2021 upon hearing the arguments of M/s.A.S.Mujibur Rahman, Advocate for the Petitioner, this Court made the following order: This petition is filed to restore W.P(MD).No.14877 of 2012. The petitioner states that he was unable to attend the hearing on 16.06.2021 due to the lockdown restrictions in view of the COVID-19 pandemic. The connectivity problem is also cited.

2. Upon considering the submissions and on examining the affidavit filed in support of the petition, the petitioner has made out sufficient cause for restoration. Accordingly, this petition is ordered.

3. The Registry is directed to restore W.P(MD).No.14877 of 2012 on the file of this Court and list the writ petition for hearing on 07.10.2021.

Sd/- Assistant Registrar (Cs-III) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The State of Tamil Nadu, Rep. by its Secretary to GovERNMENT, Tourism and Culture Department, Fort.St.George, Chennai 600 009.

2.The Commissioner Tourism and Culture Department, No.1, Wallajah Road, Tourism Complex, Triplicane, Chennai 600 005.

3.The Director, Panchayat Department, Kuralagam, Chennai 600 001 4.The District Collector, Theni District, District Collector Office Complex, Madurai Road, Theni.

5.The Assistant Director, Special Panchayat, District Collector Office Complex, Madurai Road, Theni.

6.The Executive Officer, Highways Special Panchayat, Megamalai Post, Chinnamanur Via, Theni District.

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Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 16/09/2021 HEARING DATE : 07/10/2021 ========================== RESTORATION ORDER ========================== WMP(MD)No.8738 of 2021 IN WP(MD)NO.14877 0F 2012 Giving direction and etc.

as stated within.

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