K.K.Ramesh vs The Commissioner
2021 Latest Caselaw 4421 Mad

                                                                             W.A.No.549 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:    19.02.2021

                                                     CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                          AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                W.A.No.549 of 2021

                     K.K.Ramesh                                        ...   Appellant

                                                    Vs.

                     1. The Commissioner
                        Greater Chennai Corporation
                        Chennai 600 003.

                     2. The Executive Engineer
                        Zone XI, Greater Chennai Corporation
                        Valasaravakkam
                        Chennai 600 087.

                     3. Renuka                                         ...   Respondents



                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the

                     order dated         06.02.2020 made in WMP No.30891 of 2019 in

                     W.P.No.30813 of 2019.




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                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                     W.A.No.549 of 2021



                                    For Appellant               : Mr.K.Raja

                                    For Respondents 1 & 2       : Mrs.Karthika Ashok



                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appellant claims that though an application taken out in

the writ petition was dismissed, the Court of first instance did not

take into account the concession made on behalf of the third

respondent to the petition.

2. The relevant counter-affidavit has been placed. It does not

appear that there is any infirmity in the order impugned,

particularly since there is a suit pending between the appellant

herein and the third respondent. In the relevant affidavit, the third

respondent has claimed her right to pursue the construction that

the third respondent has embarked on. It is true that the third

respondent has said that the third respondent is not interfering with

the rights of the appellant herein, but the extent of such rights have

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https://www.mhc.tn.gov.in/judis/ W.A.No.549 of 2021

to be ascertained in a civil action and not by the Writ Court. The

order dated February 06, 2020 does not call for any interference.

3. W.A.No.549 of 2021 is dismissed. There will be no order as

to costs. As a consequence, CMP No.2184 of 2021 is closed. It will

be open to the appellant to make a prayer for the early listing of the

writ petition.

                                                                (S.B., CJ.)      (S.K.R., J.)
                                                                          19.02.2021

                     Index : Yes/No

                     kpl



                     To

                     1. The Commissioner

Greater Chennai Corporation Chennai 600 003.

2. The Executive Engineer Zone XI, Greater Chennai Corporation Valasaravakkam Chennai 600 087.

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https://www.mhc.tn.gov.in/judis/ W.A.No.549 of 2021

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

(kpl)

W.A.No.549 of 2021

19.02.2021

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https://www.mhc.tn.gov.in/judis/