Disposed

S.Shanmugam, v. The Additional Chief Secretary

Madras HC15 Oct 2014WP/26933/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking protection for pending statutory appeals and status-quo on disputed land. The court directed maintenance of status-quo and prohibited alienation of the land until the appeals are disposed of, without adjudicating merits.

What did the court decide?

Status-quo to prevail at the site and prohibition on alienation or creation of third party interest in the land pending disposal of the appeal.

S.Shanmugam, Vs The Additional Chief Secretary — Property and Title | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15-10-2014

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CORAM

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THE HONOURABLE MR.SANJAY KISHAN KAUL, THE CHIEF JUSTICE

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AND

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THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN

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WRIT PETITION No.26933 of 2014
and
M.P.No.1 of 2014
1.S.Shanmugam
2.G.Anna Durai
3.J.V.Muthu
4.B.Sivalingam
5.R.Muthukrishnan
6.Harikrishnan
7.Renugadevi
8.V.Neduncheziyan
9.Y.Suresh .. Petitioners
vs
1.The Additional Chief Secretary/
Commissioner of Land Administration
Ezhilagam, Chepauk
Chennai 5.
2.Pon.Thangavelu
Secretary
Rajan Nagar and Selva Nagar
Welfare Association
2/214A, 2 nd Street, Rajan Nagar,
Enjambakkam, Chennai 115.
3.The Government of Tamil Nadu
Rep. By its District Collector
Kancheepuram District
Kanchipuram
4.The Commissioner
Chennai City Corporation
Chennai.
5.The Tahsildar Sholinganallur Taluk,
Sholinganallur, Kancheepuram District.

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.. Respondents

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Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to dispose of appeal No.TI/24989/2012 dated 3.10.2012 filed by Harikrishnan and four others and Appeal https://hcservices.ecourts.gov.in/hcservices/ No.TI/26353/2012 dated 19.10.2012 filed by Shanmugam and two others within the stipulated time.

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For Petitioners : Mr.R.Margabandhu For Respondents : Mr.S.T.S.Moorthy Government Pleader for RR1, 3 and 5

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Mr.R.Arunmozhi for R4

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ORDER

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(Order of the Court was made by THE HON'BLE CHIEF JUSTICE)

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Notice is accepted by the learned Counsel for respondents.

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2.In the Course of hearing, the limited prayer made by the learned Counsel for petitioners is that the statutory appeal of the petitioners is pending and the petitioners may be provided protection till the disposal of the appeal. He further undertakes to withdraw the civil suit filed by one of the petitioners.

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3.In view of the aforesaid facts and circumstances, we dispose of the writ petition with the following directions:-

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(ii) Till the disposal of the appeal, status-quo should prevail at the site. This has no reflection on the merits of controversy, but only on account of statutory appeal still pending.

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(iii) The petitioners will not alienate, encumber or create any third party interest qua the land occupied by them.

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No costs. Consequently, connected MP is closed.

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Sd/Assistant Registrar //True Copy//

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Sub Assistant Registrar

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nsv

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https://hcservices.ecourts.gov.in/hcservices/

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To:

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1.The Additional Chief Secretary/ Commissioner of Land Administration

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Ezhilagam, Chepauk Chennai 5.

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2.The District Collector Kancheepuram District Kanchipuram 4.The Commissioner Chennai City Corporation, Chennai 5.The Tahsildar Sholinganallur Taluk, Sholinganallur, Kancheepuram District.

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1 cc to Mr.R.Arunmozhi, Advocate Sr.49385
+ 1 cc to Mr.R. Margabandhu, Advocate Sr.12973
+ 1 cc to Government Pleader Sr.49417
W.P.No.26933 of 2014
VD(CO)
Eu 17.10.14

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https://hcservices.ecourts.gov.in/hcservices/

S.Shanmugam, v. The Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

S.Shanmugam, v. The Additional Chief Secretary

Case brief

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What did the court decide?

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