IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.05.2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.NO.12292 OF 2008 AND M.P.NO.1 OF 2008 Annai Sandhya Nagar Kudiyirupor Nala Sangam, Annai Sandhya Nagar Extension, Koyambedu, Chennai-600 107. represented by its President P.Jayaraman, Son of the late Ponnappa Naidu, residing at Door No.6/3, Sakthi Nagar East Street, Arumbakkam, Chennai-600 107. .. Petitioner Vs. The Commissioner, Corporation of Madras, Ripon Buidlings, Park Town, Chennai-600 003. .. Respondent This writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, forbearing the Corporation of Madras from interfering with the peaceful possession and enjoyment of the petitioner Association, comprised of 58 members collectively pertaining to the lands in all measuring 4 acres 5 cents within Survey Nos.25/1, 33/2, 34/1 and 34/4 T.S.No.54, 57, 58 Block No.52 situated at Village No.107 Koyambedu, pending the issue of the certified copies in C.A.No.9113 of 2008, pertaining to the decree and judgment passed in O.S.No.7876 of 1999 on the file of the XIII Assistant Judge, City Civil Court at Chennai. For Petitioner : Mr.D.Ashok Kumar - - - - ORDER
Heard the learned counsel for the petitioner. In view of the order, which is going to be passed here-under, no notice to the other side is required. At this stage itself, I would like to dispose of the writ petition.
2.A few facts absolutely necessary and germane for the disposal of this petition, would run thus:
O.S.No.7876 of 1999 was filed by the petitioner herein, seeking declaration and injunction, but that was dismissed on merits by the Civil Court concerned on 31.3.2008. The petitioner is intending to prefer an appeal before the Principal Civil Court, Chennai. In the meanwhile, the defendant, namely the respondent herein, is trying to evict the persons without even resorting to the procedures relating to eviction as per law. Hence, in these circumstances, the writ will lie. Taking into account the vacation as well as the fact that no copy of the Civil Court’s judgment and decree has been furnished to the petitioner as on today, I would like to issue the following direction:
“The respondent shall not take any steps to interfere with the possession or evict the petitioner, pending filing of the appeal and trying to get necessary orders from the appellate court. As such, this direction shall be effective for two months from this day.”
3.Accordingly, this writ petition is disposed of. No costs. Consequently, the connected MP is closed.
14.05.2008
Index : Yes
Internet : Yes
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Note to Office:
Issue order copy on 16.05.2008.
To
The Commissioner,
Corporation of Madras,
Ripon Buidlings,
Park Town,
Chennai-600 003.
G.RAJASURIA, J.
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W.P.NO.12292 OF 2008
14.05.2008