IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.09.2017 CORAM :
THE HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU W.P.No.13735 of 2008 and M.P.Nos. 1 and 2 of 2008 St. Patrick Higher Secondary School Crescent Road, Gandhi Nagar Adayar, Chennai - 20 Rep. by its Head Master Bro. Paulachan ... Petitioner Vs.
1. The Collector of Chennai Singaravelar Maligai Rajaji Salai, Chennai - 1.
2. The District Revenue Officer Chennai District Singaravelar Maligai Rajaji Salai, Chennai - 1.
3. Mr.V.Santhanam ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second respondent from proceeding with an enquiry on the appeal /representation dated 08.04.2008 filed by the third respondent till a final decision is taken in the civil proceedings initiated by third respondent, which is pending in appeal bearing A.S.Nos. 244 and 245 of 2007 on the file of V Additional City Civil Court, Chennai filed by the third respondent pertaining to the property situated at Kottur Village, comprised in Survey Nos.9/1 and 9/2 ad-measuring an extent of more than 36 acres and 5 cents.
For Petitioner : Mr.M.L.Ganesh For Respondents : Mr.M.Elumalai [For R1 & R2] Government Advocate No appearance [For R3] O R D E R The petitioner has filed the writ petition seeking a direction, forbearing the second respondent /District Revenue Officer, Chennai from proceeding with an enquiry on the appeal /representation dated 08.04.2008 filed by the third respondent till a final decision is taken in the civil proceedings initiated by third respondent, which is pending in appeal bearing A.S.Nos. 244 and 245 of 2007 on the file of V Additional City Civil Court, Chennai filed by the third respondent pertaining to the property comprised in Survey Nos.9/1 and 9/2 ad-measuring an extent of more than 36 acres and 5 cents at Kottur Village.
2. Today, when the matter is taken up for hearing Mr.M.L.Ganesh, learned counsel appearing for the petitioner represents that the appeal bearing A.S.Nos. 244 and 245 of 2007 have been dismissed resulting in the matter having been decided in favour of the petitioner and that no notice has been received by the petitioner in any further second appeals preferred by the third respondent against the judgment in the said appeals. It is also submitted that the petitioner institution is taking legal steps through due process of law in the matter.
3. In view of the aforesaid developments that have taken place subsequent to the filing of this writ petition, nothing remains for adjudication.
4. Recording the same, the Writ Petition is disposed of accordingly, with an observation that if any enquiry is conducted by the second respondent, the findings in aforesaid judgment in A.S.Nos.244 and 245 of 2007 passed by the V Additional Judge, City Civil Court, Chennai shall be duly taken into account while deciding the matter. No costs. Consequently, connected miscellaneous petitions are closed.
21.09.2017 maya Index : Yes/No Internet : Yes/No Speaking /Non-speaking order P.D.AUDIKESAVALU, J maya To
1. The Collector of Chennai Singaravelar Maligai Rajaji Salai, Chennai - 1.
2. The District Revenue Officer Chennai District Singaravelar Maligai Rajaji Salai, Chennai - 1.
W.P.No.13735 of 2008 21.09.2017