Madras High Court
S.Janakiraman vs The Secretary To The Government Of ... on 27 July, 2023
W.A.No.748 of 2011 & W.P.No.12044 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.B. BALAJI
W.A.No.748 of 2011 & W.P.No.12044 of 2022
W.A.No.748 of 2011
1.S.Janakiraman
2.J.Gajapathy
3.J.Sridhar
4.St.Alfred Education Trust,
Represented by its Managing Trustee,
Dr.John Alfred,
Egmore,
Chennai-600 008 ... Appellants
versus
1.The Secretary to the Government of Tamil Nadu,
Housing & Urban Development (UD3(1)) Department,
Fort St.George,
Chennai-600 009.
2.The Special Deputy Collector, (LA),
Chennai Metropolitan Development Authority,
Chennai- 600 008.
3.Chennai Metro Rail Limited,
Represented by its Managing Director,
Door No.11/6, Seethammal Road,
Alwarpet,
Chennai-600 008 ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.A.No.748 of 2011 & W.P.No.12044 of 2022
For Appellants : Mr.V.P.Sengottuvel
Senior Counsel
for Mr.K.K.Nishanth
For Respondents : Mrs.Geethathamarai Selvan
Special Government Pleader
for respondents 1 and 4
Mr.Ritachandrasekar
for third respondent
Mrs.K.Mageswari
Standing Counsel
for (CMDA) second respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent
against the order dated 21.12.2010 in W.P. No.32252 of 2004.
W.P.No.12044 of 2022
St.Alfred Education Trust,
Represented by its Chairman,
Dr.John Alfred,
Egmore,
Chennai-600 008 ... Petitioner
versus
1.Chennai Metropolitan Development Authority,
Represented by its Member Secretary,
No.1, Gandhi Irwin Road,
Egmore,
Chennai-600 008.
2.Chennai Metro Rail Limited,
Represented by its Managing Director,
Door No.11/6, Seethammal Road,
Alwarpet,
Chennai-600 008
2/6
https://www.mhc.tn.gov.in/judis
W.A.No.748 of 2011 & W.P.No.12044 of 2022
3.The Secretary to the Government of Tamil Nadu,
Education Department,
Fort St.George,
Chennai-600009. ... Respondents
R3-Impleaded as per order
dated 23.03.2012 in M.P.No.2/11
& M.P.No.1/11 in W.A.No.748/2011
& W.P.No.12044/2011
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, for the issuance of a writ of Certiorari calling for the entire
records of the first respondent herein which culminated in the Notice
dated 25.04.2011 with respect to the land and buildings comprised in
S.Nos.159/1 to 6, 160/1 to 4, 163/1 and 2, 183/4 and 5, 188 and
57/1 to 11 situated at Koyambedu Village, Egmore -Nungambakkam
Taluk, Chennai District.
For Petitioner: Mr.V.P.Sengottuvel
Senior Counsel
for Mr.K.K.Nishanth
For Respondents : Mrs.Geethathamarai Selvan
Special Government Pleader
for third respondent
Mr.Ritachandrasekar
for second respondent (CMRL)
Mrs.K.Mageswari
Standing Counsel
for (CMDA) first respondent
COMMON JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
Learned counsel appearing for the third respondent in Writ
Appeal, has filed a counter-affidavit before this Court by stating that
3/6
https://www.mhc.tn.gov.in/judis
W.A.No.748 of 2011 & W.P.No.12044 of 2022
the third respondent has already taken possession of the land in
question and at present the land in question is in the exclusive
possession and control of the third respondent and a compound wall
has also been constructed in the aforesaid property.
2. Learned counsel for the appellant has submitted that the said
statement made in the counter affidavit by the third respondent may
be recorded and appropriate orders may be passed.
3. In view of the above submissions made by the learned
counsel for the appellant, the statement made in the counter-
affidavit, by the third respondent, is recorded and the writ appeal and
writ petition stand disposed of. There will be no order as to costs.
M.P.Nos.1 of 2011 & 1 of 2014 are closed.
[D.K.K., J.] [P.B.B., J.]
27.07.2023
Index : Yes/No
Neutral Citation : Yes/No
mrn
4/6
https://www.mhc.tn.gov.in/judis
W.A.No.748 of 2011 & W.P.No.12044 of 2022
To
1.The Secretary to the Government of Tamil Nadu,
Housing & Urban Development (UD3(1)) Department,
Fort St.George,
Chennai-600 009.
2.The Special Deputy Collector, (LA),
Chennai Metropolitan Development Authority,
Chennai- 600 008.
3.Chennai Metro Rail Limited,
Represented by its Managing Director,
Door No.11/6, Seethammal Road,
Alwarpet,
Chennai-600 008
5/6
https://www.mhc.tn.gov.in/judis
W.A.No.748 of 2011 & W.P.No.12044 of 2022
D.KRISHNAKUMAR, J.
and
P.B. BALAJI, J.
(mrn)
W.A.No.748 of 2011 &
W.P.No.12044 of 2022
27.07.2023
https://www.mhc.tn.gov.in/judis
