IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.NO.4072 OF 2014

AND

M.P.NO.1 OF 2014

PATTALI MAKKAL KATCHI

Rep. it's President,

G.K.Mani

No.63, North Muthu Naicken Street,

Teynampet,

Chennai - 600 018.

...Petitioner

Vs

1.The Additional Chief Secretary /

Commissioner of Revenue Administration

Revenue Department - Administration Disaster

Management and Mitigation Department,

Ezhilagam, Chepauk,

Chennai - 600 005.

2.The General Manager,

Metropolitan Transport Corporation,

(Chennai) Limited,

Pallavan House, Chennai - 600 002.

...Respondents

Prayer : Petition filed Under Article 226 of the Constitution of

India praying for issuance of writ of Certiorari calling for the

records relating to the proceedings in SR No.943/MTC/KPM/2013

dated 17.06.2013 of the 1st respondent herein and quash the same.

For Petitioner

:

Mr.K.Balu

For 1st Respondent

:

Mr.K.M.D.Muhilan

Government Advocate

For 2nd Respondent

:

Mr.M.Chidambaram

ORDER

The writ on hand has been instituted questioning the notice

of hearing dated 17.06.2013, directing the petitioner to appear

for an enquiry either in person or through counsel and file

written statement in respect of the allegation being under the

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

provisions of the Tamil Nadu Property (Prevention of Damage and

Loss) Act, 1992 (hereinafter referred to as ‘the Act’).

2. The impugned notice states that an application under the

Act claiming compensation from the petitioner for the revenue

loss caused due to Non Operation and Partial Operation of the

Metropolitan Transport Corporation (Chennai) buses in Chennai,

Kancheepuram and Thiruvallur District owned by the Metropolitan

Transport Corporation (Chennai) Limited, during the agitation

held by the petitioner party members for the period from

25.04.2013 to 19.05.2013 is preferred. The said application is

posted for the appearance of the petitioner on 02.07.2013 in the

Chambers of the Additional Chief Secretary/Commissioner of

Revenue Administration, Ezhilagam, Chepauk, Chennai – 600 005.

The petitioner has chosen to file a writ petition instead of

defending their case before the first respondent Additional

Chief Secretary to Government.

3. The learned counsel for the petitioner mainly contended

that the petitioner is not responsible for any damages or

committed any such offence of causing damage to the public

properties. On political considerations, the impugned notice has

been issued with an ulterior motive. Thus, the impugned notice

is untenable and liable to be set aside.

4. On 25.04.2013, Pattali Makkal Katchi and Vanniar Sangam

on behalf of Dr.S.Ramadoss had conducted "Chithirai Thiruvizha"

at Mamallapuram. The Pattali Makkal Katchi party members who

came to participate in the same festival are alleged to have

entered into a wordy quarrel at Kadayam Theru Colony Bus stop

near Marakanam and as a result of the same, damage to the

property had occurred. For numerous hours, traffic was affected

in East Coast Road and that pursuant to the said violence, the

sculptors and statutes of political leaders are alleged to have

been damaged. The party workers are said to have violated the

conditions imposed by the Police and hence, the party members

were arrested by the Police. As a consequence to the same, on

30.04.2013, demonstrations were contemplated to be held without

the permission of the Police at Krishnagiri and hence,

Dr.S.Ramadoss and the President of the petitioner Party among

500 members were arrested and on account of the same, members of

the Party and Vanniar Sangam had indulged in road roko, pelting

of stones on vehicles, felling of trees, damaging public

property. On account of the same, a tense situation prevailed in

Kancheepuram, Thiruvallur and Chennai Districts from 25.04.2013

to 19.05.2013 and the public