Gowri v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.Gowri Shankar 2.Lakshmi 3.Saroja 4.Padma 5.Celestine Mary 6.Rajesh 7.Nirmala 8.Jayalakshmi 9.Sumathi 10.Sivagami 11.Andal 12.Sumathy 13.Vanitha 14.Nandhini 15.Muniyammal 16.Chinnaponnu 17.Elumalai 18.Kamala 19.Jakubay 20.Dhatchayini 21.Govindasamy 22.Sivagami 23.Vellaiammal 24.Gunasekaran 25.Varadharaja
26.Kumravel 27.Lakshmi Vellakasi 28.Anjali 29.Saraswathi 30.Ravikumr 31.Jayalakshmi 32.Kamakshi .. Petitioners vs 1.The Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Rajah Muthaiah Road, Chennai-600 003.
3.The District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai-600 001.
4.The Administrative Engineer, Tamil Nadu Urban Habitat Development Board, Division-4, Teynampet, Chennai-18.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the impugned notice issued by the fourth respondent dated 15.12.2023 and quash the same and consequently direct respondents 1 to 3 to implement the order of this Court in W.P.No.32417 of 2014 dated 20.9.2022 and further directing the first respondent to construct the dwelling units in the Gengai Karaipuram slum area and also direct the first respondent to provide the alternate place till the time of
construction of the houses at 110/6, Gengai Karaipuram as per the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971. For the Petitioners : Mr.Arun Kasi For the Respondents : Mrs.G.Thilagavathy Senior Counsel for Mr.S.Karthikeyan for respondents 1 and 4 : Mr.A.Arun Babu for respondent No.2 : Mr.T.K.Saravanan Government Advocate for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.Arun Kasi, learned counsel for the petitioners; Mrs.G.Thilagavathy, learned Senior Counsel for Mr.S.Karthikeyan, learned counsel for respondents 1 and 4; Mr.A.Arun Babu, learned counsel for the second respondent; and, Mr.T.K.Saravanan, learned Government Advocate for the third respondent.
2. The petitioners are members of the Association (Pennurimai
Iyakkam), which had filed W.P.No.35995 of 2023. In the said writ petition, interim orders are already passed.
3. When the Association, of which the petitioners are members, has already filed the writ petition challenging the same order, it would not be open for the same persons to file a separate writ petition. If individually the petitioners want, they may get themselves arrayed in the writ petition filed by the Association, of which they are already members.
4. In light of that, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.458 of 2024 is closed. W.M.P.No.457 of 2024 filed by the petitioners to permit them to file a single writ petition is allowed and disposed of. (S.V.G., CJ.) (D.B.C., J.) 09.01.2024 Index :
Yes/No Yes/No bbr
To 1.The Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Rajah Muthaiah Road, Chennai-600 003.
3.The District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai-600 001.
4.The Administrative Engineer, Tamil Nadu Urban Habitat Development Board, Division-4, Teynampet, Chennai-18.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 09.01.2024