The petitioner sought to quash an order by the Assistant Engineer regarding land possession. The court held that the underlying issue had already been adjudicated in appeal and attained finality. Consequently, the writ petition was dismissed as not maintainable.
Writ petition dismissed as not maintainable; connected miscellaneous petitions dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2015
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL
W.P.No. 8128 of 2015
A.Moolraj Singhvi ...Petitioner
Vs.
1 State of Tamilnadu,
Repd. by 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 Building,
Egmore, Chennai-600 008.
3 Assistant Engineer (Highways),
Chennai Metropolitan Development Plan (CMDP)
Sub Division 14, Division 3, HRS Compound,
Patel Road, Guindy, Chennai-25. ...Respondents
This writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified Mandamus calling for the records of the third respondent in order dated 16.02.2015 and quash the same and consequently restrain the respondents, their men, servants, representatives, agents or employees or any other person acting for or on behalf of the respondents from interfering with the enjoyment and peaceful possession of the petitioner and/or persons claiming through or under him of the land admeasuring 1238 sq.ft. situated at T.S.No.1/14 Block No.3 of Vada Agaram Village, Door No.639,
Poonamallee High Road, Aminjikkarai, Chennai-600 029 without following the due process of law.
For Petitioner : Mr. Subhana Nair for M/s. Satish Parasaran
For Respondents : Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader – R1 & R3 Mr. K. Raja Srinivas - R2
ORDER (Order of the Court was made by SATISH K. AGNIHOTRI, J.) This writ petition is filed to quash the order of the third respondent dated 16.02.2015 and consequently direct the respondents from interfering with the enjoyment and peaceful possession of the petitioner and/or persons claiming through or under him of the land admeasuring 1238 sq.ft. situated at T.S.No.1/14 Block No.3 of Vada Agaram Village, Door No.639, Poonamallee High Road, Aminjikkarai, Chennai-600 029 without following the due process of law.
Sd/Assistant Registrar(R)
//True Copy//
Sub Assistant Registrar
ra
To
1 The Secretary to Government,
State of Tamilnadu,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009.
2 The Member Secretary,
The Chennai Metropolitan
Development Authority,
Thalamuthu Natarajan Building,
Egmore, Chennai-600 008.
3 Assistant Engineer (Highways),
Chennai Metropolitan Development Plan (CMDP)
Sub Division 14, Division 3, HRS Compound,
Patel Road, Guindy, Chennai-25.
1 CC to M/s. Satish Parasaran, Advocate SR.No. 21656
1 CC to Mr. K. Raja Srinivas, Advocate SR.No. 21399
1CC to the Government Pleader SR 21413
W.P.No. 8128 of 2015
RJ (CO)
PSI (14.05.2015)
1 issue framed by the court
Whether a writ petition filed to quash an order attaining finality is maintainable.
A. Moolraj Singhvi
State of Tamilnadu
The Chennai Metropolitan Development Authority
Assistant Engineer (Highways)
SATISH K. AGNIHOTRI
M. VENUGOPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
