Madras High Court
Rupert J. Barnabas vs The Secretary To Government on 26 August, 2015
Author: Satish K. Agnihotri
Bench: Satish K. Agnihotri, K.K. Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI
and
THE HON'BLE MR. JUSTICE K.K. SASIDHARAN
W.P. No.26666 of 2015 and M.P. No.1 of 2015
Rupert J. Barnabas Petitioner
vs.
1. The Secretary to Government,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009.
2 Vishal M.Ranka,
No.9 New No.17 Vichoormuthiah Street,
Purasawalkam, Chennai-600 007.
3 The Chennai Metropolitan
Development Authority,
Repd. by its Member Secretary,
Thalamuthu Natarajan Maligai
1, Gandhi Irwin Road, Egmore, Chennai-8.
4 The Corporation of Chennai,
Rep. by its Commissioner, Ripon Buildings,
Park Town, Chennai-600 003.
5 The Executive Engineer,
The Corporation of Chennai, Zonal Office V ,
Division No.58 No.62 Basin Bridge Road
Old Washermenpet, Chennai-600 021. Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Prohibition prohibiting the First Respondent herein from adjudicating the Appeal dated 11.06.2015 filed by the 2nd respondent against the lock and seal order dated 29.01.2015 issued by the third respondent.
For petitioner Mr. T. Mohan
for
Mr.A. Yogeshwaran
For respondents Mr. P.H.Arvind Pandian,
Addl. Adv. General
assisted by
Mrs. A. Srijayanthi
Special Government Pleader -R1
Mr.C. Johnson R3
Mr. R. Arunmozhi R4 & R5
..........
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader accepts notice for the first respondent. Mr. C. Johnson, learned counsel, accepts notice for the third respondent and Mr.R. Arunmozhi, learned counsel, accepts notice for the respondents 4 and 5. With the consent of the learned counsel for the petitioner and the learned counsel for the official respondents, this writ petition is taken up for final disposal at the admission stage itself.
2. The instant writ petition is preferred at the instance of one Mr. Rubert J. Barnabas, who had filed earlier a writ petition being W.P.No.33697 of 2014 seeking a direction to respondents 1 and 2 therein to demolish and permanently remove the illegal, unsanctioned and unauthorised construction put up by the respondents 6 8 therein at Old Door No.9, New No.17, Vichoor Muthia Street, Choolai, Chennai.
3. At this stage, we are not inclined to entertain this writ petition, as an appeal is preferred by the second respondent herein before the appellate authority under purported provisions of law, challenging the locking, sealing and demolition notice dated 12.12.2014, which has culminated into locking, sealing and demolition notice dated 29.01.2015. However, we make it clear that the said appeal is to be considered and decided, in accordance with law and on its own merits considering all the issues involved in this case, including the issue of limitation and background facts and also, the decisions rendered by the Supreme Court as well as the High Court, in respect of the subject matter, if any.
SATISH K. AGNIHOTRI, J.
and K.K. SASIDHARAN, J.
ra
4. With the aforestated observations and directions, this writ petition stands disposed of. No costs. Connected miscellaneous petition is closed. No costs.
(S.K.A.J.) (K.K.S.J.)
26.08.2015
ra
To
1. The Secretary to Government,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009.
2. The Chennai Metropolitan
Development Authority,
Repd. by its Member Secretary,
Thalamuthu Natarajan Maligai
1, Gandhi Irwin Road, Egmore, Chennai-8.
3. The Corporation of Chennai,
Rep. by its Commissioner, Ripon Buildings,
Park Town, Chennai-600 003.
4. The Executive Engineer,
The Corporation of Chennai, Zonal Office V ,
Division No.58 No.62 Basin Bridge Road
Old Washermenpet, Chennai-600 021.
W.P. No.26666 of 2015