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Mr Eapen Chaco And Others vs Mr A C Nagalingam And Others

Madras High Court|09 January, 2017
|

JUDGMENT / ORDER

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.A.No.1852 of 2010 and M.P.No.1 of 2010
1. Mr.Eapen Chaco
2. Mrs.Leena Chaco .. Appellants versus
1. Mr.A.C.Nagalingam
2. The District Collector, Kancheepuram District, office of the District Collector at Kancheepuram, Kancheepuram, Kancheepuram District.
3. The District Revenue Officer, Kancheepuram District, Office of the District Revenue Officer, Kancheepuram District.
4. The Director of Town Panchayat, Kuralagam Building, Chennai - 600 001.
5. The Executive Officer, Mangadu Town Panchayat, Mangadu, Sriperumbudur Taluk, Kancheepuram District.
6. Menaka Radhakrishnan
7. Perumal .. Respondents Writ Appeal filed against the order dated 05.07.2010 in W.P.No.7406 of 2010.
For Appellants : Mr.V.Srinivasa Babu For Respondents : Mr.T.M.Pappiah (for R2 to R5) Spl. Government Pleader JUDGMENT (Order of the Court was made by S.MANIKUMAR, J.) Being aggrieved over the direction of this Hon'ble Court to maintain status quo as on 05.07.2010 made in W.P.No.7406 of 2010, purchaser of Plot Nos.15,16, 17, 26, 27 and 28 in Survey No.376 (part) situated in Mangadu Village, Sriperumbudur Taluk, Kancheepuram District, respondents 5 and 6 in the writ petition have filed the instant appeal.
2. On this day, when the matter came up for hearing, Mr.V.Srinivasa Babu, learned counsel for the appellants/respondent 5 and 6 in the writ petition fairly submitted that not withstanding the order of status quo, the Executive Engineer, Mangadu Town Panchayat, Mangadu, Sriperumbudur, Kancheepuram District, has laid a road on the disputed property. He also submitted that two suits in O.S.Nos.535 and 1425 of 2008 are still pending on the file of the Civil Courts. Submission is placed on record.
3. As the road has been laid by the Executive Engineer, Mangadu Town Panchayat, Mangadu, Sriperumbudur, Kancheepuram District, order of status quo made in W.P.No.7406 of 2010 dated 05.07.2010 does not survive and in that view of the matter, no further adjudication in this writ appeal is required. Further, the abovesaid fact has not been disputed by 1st respondent Mr.A.C.Nagalingam, who has been served, and name shown in the cause list.
4. In the light of the above, the writ appeal is dismissed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
Index: Yes/No Internet: Yes ars [S.M.K., J.] [M.G.R., J.] 09.01.2017 S. MANIKUMAR, J.
AND M.GOVINDARAJ, J.
ars To
1. The District Collector, Kancheepuram District, office of the District Collector at Kancheepuram, Kancheepuram, Kancheepuram District.
2. The District Revenue Officer, Kancheepuram District, Office of the District Revenue Officer, Kancheepuram District.
3. The Director of Town Panchayat, Kuralagam Building, Chennai - 600 001.
4. The Executive Officer, Mangadu Town Panchayat, Mangadu, Sriperumbudur Taluk, Kancheepuram District.
W.A.No.1852 of 2010
09.01.2017
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Title

Mr Eapen Chaco And Others vs Mr A C Nagalingam And Others

Court

Madras High Court

JudgmentDate
09 January, 2017
Judges
  • S Manikumar
  • M Govindaraj