Madras High Court
The Diocese Of Chengalpet vs The Chief Executive Officer on 9 August, 2021
W.A.No.883 of 2020
and W.P.No.4734 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE S.KANNAMMAL
W.A.No.883 of 2020, W.P.No.4734 of 2019
and W.M.P.Nos.5363 & 5367 of 2019
W.A.No.883 of 2020/W.P.No.4734 of 2019
1.The Diocese of Chengalpet
Rep. by its Property Administrator,
Fr.Augustine,
Diocese of Chingelput,
Kancheepuram Road,
Thimmavaram,
Chengalpat - 603 101.
2.St.Patrick Church
Rep. by its Parish Priest Fr.Shylock Stephen,
St.Thomas Mount,
Chennai - 16. .. Appellants/Petitioners
Vs
1.The Chief Executive Officer,
Officer of the Cantonment Board,
St.Thomas Mount,
Chennai.
2.The Thasildar,
Alandur Taluk,
Kancheepuram District.
3.K.Andavar .. Respondents
Page 1 of 5
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W.A.No.883 of 2020
and W.P.No.4734 of 2019
Prayer in W.A.No.883 of 2020: Appeal filed under Clause 15 of
Letters Patent against the order dated 30.07.2019 made in
W.P.No.22334 of 2019.
Prayer in W.P.No.4734 of 2019: Petition filed under Article 226 of
the Constitution of India praying to issue a writ of mandamus directing
the first respondent to take necessary action against the 3rd
respondent and to stop illegal demolition and re-construction at
No.3/49, Mettu Street, St.Thomas Mount, Chennai 16.
For Appellants : Ms.G.Selvi George
For Respondents : Mr.C.Mohan
for M/s.King & Partridge for R1
Mr.D.Ravichander,
Government Counsel for R2
No appearance for R3
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
The subject matter of the appeal and the writ petition lies on a
narrow compass.
2. The writ petition has been filed for a mandamus forbearing
the official respondents from giving any planning permission having
https://www.mhc.tn.gov.in/judis/
W.A.No.883 of 2020
and W.P.No.4734 of 2019
been filed, the appellant filed a writ petition in W.P.No.22334 of 2019,
challenging the same. The learned Single Judge dismissed it and hence
the appeal.
3. Upon hearing the learned counsel appearing for the parties,
the issue lies with respect to the title sought to be established by the
writ petitioner/ appellant. Unfortunately, we cannot decide upon the
same in this proceedings. Hence, giving liberty to the writ
petitioner/appellant to raise all the contentions, presumably by filing
the suit for declaration and possession and leaving all the issues open,
the present proceedings are closed. Needless to state, granting of
building permission is obviously subject to the further orders to be
obtained in the said suit.
4. The writ appeal and the writ petition stand closed accordingly.
No costs. Consequently, connected miscellaneous petitions are closed.
(M.M.S., J.) (S.K., J.)
09.08.2021
Index:Yes/No
mmi/ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.883 of 2020
and W.P.No.4734 of 2019
To
1.The Chief Executive Officer,
Officer of the Cantonment Board,
St.Thomas Mount,
Chennai.
2.The Thasildar,
Alandur Taluk,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis/
W.A.No.883 of 2020
and W.P.No.4734 of 2019
M.M.SUNDRESH,J.
and
S.KANNAMMAL,J.
mmi
W.A.No.883 of 2020,
W.P.No.4734 of 2019
09.08.2021
https://www.mhc.tn.gov.in/judis/
