A.Mahalakshmi v. The Chairman
2025:MHC:1710
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR and W.M.P.No.1073 of 2022 A.Mahalakshmi W/o.S.Anandhan ...
Petitioner vs.
1.
The Chairman Tamil Nadu Slum Clearance Board Chennai.
2.
The Executive Engineer Division III, Tamil Nadu Slum Clearance Board Vysarpadi, Chennai-39.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in its impugned notice dated 06.01.2021 with regard to the Page Nos.1/7
encroachment near bunk shop at Patchakal, Veerasamy Street, Tamil Nadu Slum Clearance Board Scheme Area, Ayyanavaram, Chennai-23 and quash the same and further direct the 2nd respondent not to remove the petitioner's bunk shop at Patchakal, Veerasamy Street, Tamil Nadu Slum Clearance Board Scheme Area, Ayyanavaram, Chennai-23.
For petitioner :
Mr.S.Arivazhagan For Respondents :
Mr.S.Karthikeyan Standing Counsel
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} turns on a very narrow compass.
2. A notice signed by R2 on 06.01.2021 has been assailed. This notice shall hereinafter be referred to as 'impugned notice' for the sake of brevity, convenience and clarity and a scanned reproduction of the same is as follows:
Page Nos.2/7
Page Nos.3/7
3. Impugned notice refers to the order dated 26.10.2016 made by Hon'ble Division Bench in W.P.No.36257 of 2016. This writ petition was filed by one G.Ragunathan, wherein, the spouse of the writ petitioner before us (Anandhan) was arrayed as R4 and the prayer inter alia for removal of unauthorized construction was made. Suffice to say that Hon'ble Division Bench made it clear that the 'Tamil Nadu Slum Clearance Board (now Tamil Nadu Urban Habitat Development Board)' {hereinafter 'said Board' for the sake of brevity, convenience and clarity} shall proceed in accordance with law.
Proceedings in accordance with law necessarily means adherence to 'Tamil Nadu Slum Clearance Board (Control & Management of Properties) Rules, 1971' {hereinafter 'said Rules' for the sake of brevity, convenience and clarity} being Subordinate Legislation made under 'the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu XI of 1971)' {hereinafter 'said Act' for the sake of brevity, convenience and clarity}, more particularly, Rules 5 and 4(b) thereat. It appears Form A and Form B under said Rules (Form A is show cause notice under Rule 5 and Form B is final order under Rule 4) have been made. The same being dated Page Nos.
06.10.2016 and 21.10.2016 respectively. The writ petitioner appears to have assailed the final order under Form B by way of an appeal petition under Section 59 of the said Act and the appeal was dismissed by the Appellate Authority vide 'Letter No.21685/SC2(1)/2016-3 on 24.02.2017' {hereinafter 'Appellate Authority Order' for the sake of brevity, convenience and clarity}. The Appellate Authority Order was assailed by the writ petitioner vide W.P.No.7860 of 2017 and the same was disposed of (after hearing both sides) by Hon'ble Division Bench on 04.04.2017, relevant paragraph is paragraph No.6 and the same reads as follows: '6. Considering the facts and circumstances of the case, we direct the respondent authorities to cause an inspection and survey the property allotted to the mother-in-law of the petitioner and take steps to remove the encroachment, if any, after following the procedure contemplated under law and affording an opportunity of hearing to the petitioner.'
4. Reverting to the impugned notice, it does not refer to W.P.No.7860 of 2017 much less does it articulate any exercise vide paragraph No.6 of the aforesaid judicial order dated 04.04.2017 in W.P.No.7860 of 2017. Therefore, we dislodge the impugned notice on this short point preserving all rights and contentions of said Board to either re-do the exercise vide Page Nos.5/7
paragraph No.6 of the order dated 04.04.2017 in W.P.No.7860 of 2017 or if the exercise has already been done, issue notice afresh articulating the details of exercise. If such a notice is issued, all the rights and contentions of writ petitioner will stand preserved.
Captioned WP is allowed and the impugned notice is set aside albeit with the aforementioned preservation of rights. Consequently, captioned Writ Miscellaneous Petition is disposed of as closed. There shall be no order as to costs.
[M.S., J.] [H.C., J.] 16.07.2025 Index : Yes / No Speaking order / Non-speaking order mk To 1.
The Chairman Tamil Nadu Slum Clearance Board Chennai.
2.
The Executive Engineer Division III, Tamil Nadu Slum Clearance Board Vysarpadi, Chennai-39.
M.SUNDAR, J.
Page Nos.6/7
and HEMANT CHANDANGOUDAR, J.
mk 16.07.2025 Page Nos.7/7