Madras High Court
R. Kumarasubramanian vs I.H.Sekar on 19 April, 2022
Review Application (Writ) No.83 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19/4/2022
CORAM
The Hon'ble Mr. Justice S.VAIDYANATHAN
and
The Hon'ble Mr.Justice MOHAMMED SHAFFIQ
Review Application (Writ) No.83 of 2022
1. R. Kumarasubramanian
2. N. Chandraleka
3. Janaki Govindarajan
4. Viswanathan Ananthakrishnan
5. P.G.Raghuraman
6. T.M.Natarajan
7. Govindarajan Thirumalai
8. Gautham Bulchandani
9. D. Selvaraj
10. Indhira Vijay Mahadevan
11. Value Plus Holdings LLP
rep. By its Managing Partner
Mr.S.Sivapragash ... Petitioners
Vs
1. I.H.Sekar
2. The Principal Secretary to Government of Tamil Nadu
Revenue Department, Fort St. George
Secretariat
Chennai 600 009.
3. The Commissioner of land Administration
Land Administration Department
Ezhilagam, Chepauk
Chennai 600 005.
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Review Application (Writ) No.83 of 2022
4. The District Collector
Kancheepuram District, Collectorate
Kancheepuram 631 501.
5. The Principal Secretary to
Government of Tamil Nadu
Public Works Department
Fort St. George, Secretariat
Chennai 600 009.
6. The Principal Secretary to
Government of Tamil Nadu
Transport Department
Fort St. George, Secretariat
Chennai 600 009.
7. The Principal Secretary to
Government of Tamil Nadu
Tourism, Culture and Religious
Endowments Department
Fort St. George, Secretariat
Chennai 600 009
8. The Chief Secretary
Government of Tamil Nadu
Ex Officio Chair Person
State Disaster Management Authority
Fort St. George
Chennai 600 009.
9. The Chair Person
Tamil Nadu State Wetland Authority
Environment and Forest Department
Secretariat, Fort St. George
Chennai 600 009.
10. The Director
Wetlands Division
Ministry of Environment and Forests
Indira Paryavaran Bhavan
Jorbagh Road
New Delhi 110 003. ... Respondents
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Review Application (Writ) No.83 of 2022
PRAYER: Review Application filed under Clause XLVII Rule 1
and 2 r/w. Section 114 of CPC to review and seek clarification of the order
dated 29/4/2019 made in W.P.No.10821 of 2017.
For Appellants ... Mr.Vijay Narayan
Senior Counsel
for Mr.E.Manoharan
For respondents ... Mr.V.B.R.Menon
for R.1
Mr.J.Ravindran
AAG
Assisted by Ms.Mythreye Chandran
Special Government Pleader
for R.R.2 to 10
-----
JUDGMENT
S.VAIDYANATHAN,J
AND
MOHAMMED SHAFFIQ,J
This Review Application has been filed to review/clarify the order,
dated 29/4/2019, made in W.P.No.10821 of 2017, on the file of this Court
and direct the concerned authorities to develop the said road in S.No.707/4,
to protect the rights/welfare of the petitioners.
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Review Application (Writ) No.83 of 2022
2. Heard Mr.Vijay Narayan, learned Senior Counsel for the
petitioners, Mr.V.B.R.Menon, learned counsel for the first respondent and
Mr.J.Ravindran, learned AAG, learned counsel for the respondents 2 to 10.
3. Mr.Vijay Narayanan, learned Senior Counsel submitted that even
during the pendency of the writ petition, road in the entire survey number
was found and separate survey number has been given to the road. When
this Court passed an order that the water body has got to be protected, it
included the road which was in the original survey number and
subsequently, given a separate survey number. All the parties would submit
that they have no objection for modification of the order so that the road is
restored and that the other portion of the order would remain undisturbed.
4. Mr.V.B.R.Menon, learned counsel appearing for the first
respondent would submit that the contempt is independent of the review
petition and that it may be tried separately.
5. In view of the submission made by the parties, this Review
Application is allowed, to the extent that the road in S.No.707/4 shall stand
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Review Application (Writ) No.83 of 2022
restored and other portion of the order, made in writ petition No.10821 of
2017, is confirmed.
(S.V.N.,J) (M.S.Q.,J)
19th April 2022
Speaking (or) Non Speaking Order
Index : Yes/ No
Internet : Yes
mvs.
https://www.mhc.tn.gov.in/judis
Review Application (Writ) No.83 of 2022
S.VAIDYANATHAN,J
and
MOHAMMED SHAFFIQ,J
mvs.
Review Application No.83 of 2022
19/4/2022
https://www.mhc.tn.gov.in/judis
