M.Dhanalakshmi W/O Mari v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.A.No.333 of 2013 and M.P.No.1 of 2013 M.Dhanalakshmi ... Appellant -vs1. The Government of Tamil Nadu rep. by the Secretary, Revenue Department, Fort St. George, Chennai-600 009.
2. The Collector, Kancheepuram, Kancheepuram District.
3. The Tamil Nadu Slum Clearance Board rep. by its Chairman, No.5, Kamaraj Salai, Chepauk, Chennai-600 005.
4. The District Revenue Officer, Collectorate, Kancheepuram, Kancheepuram District.
5. The Tahsildar, Sholinganallur Taluk, Kancheepuram District.
6. The President, Perumbakkam Panchayat Union, Sholinganalur Taluk, Kancheepuram District.
... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 27.11.2012 made in W.P.No.2336/2012 by a learned Single Judge of this Court.
Prayer in W.P.No.2336/2012:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus Certiorari calling for the records of the 1st respondent G.O.Ms. No.393, Revenue Department Ni. Mu.5(1) dated 19.8.2010 and to quash the same as illegal and invalid.
For Appellant :
No appearance For respondents :
Mr.V.Manoharan, 1, 2 and 4 to 6 Government Advocate R3 :
Mr.S.Prabhu
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA.J) This Writ Appeal has been filed challenging the correctness of the order dated 27.11.2012 made in W.P.No.2336/2012 by a learned Single Judge of this Court.
2.At the outset, it is pertinent to mention that the learned Single Judge of this Court, while disposing of the batch of writ petitions in W.P.Nos.1105 to 1109/2012 etc. batch dated 27.11.2012, has given six directions, one of which has been impugned in this appeal. One of the directions shows that the writ petitioners who are not in possession of the valid documents to prove their occupation, will be given thirty days time from the date of that order or from the date of rejection of their claim, to vacate their houses/huts/lands. Further, the ultimate direction shows that the Tamil Nadu Slum Clearance Board was given direction to provide alternative accommodation to the writ petitioners in any of the tenements, either constructed in the adjacent land at Perumbakkam Village or in any other residential projects subject to the production of proof of their occupation. Aggrieved over the same, this present Writ Appeal has been filed by the writ petitioner in W.P.No.2336/2012/appellant herein.
3.
A perusal of the Notes Paper would reveal that though the Writ Appeal was listed before us for the past three hearings, namely, 29.07.2021, 30.07.2021 and even to-day i.e. on 02.08.2021, under the caption, 'for dismissal', there was no representation on behalf of the appellant on the three consecutive hearings.
4.
At this stage, learned Government Advocate appearing for the respondents 1, 2, 4 to 6 would submit that the appellant in this Writ Appeal was given alternative accommodation.
Therefore, she will not pursue the matter and recording the same, the present Writ Appeal may be disposed of. 5.
Recording the statement of the learned Government Advocate appearing for the respondents 1, 2, 4 to 6, the present Writ Appeal is dismissed as infructuous as nothing survives for further adjudication. No costs. Consequently, connected Miscellaneous Petition is also closed.
Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar tsi To 1.The Secretary, Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.
2.The Collector, Kancheepuram, Kancheepuram District.
3.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chepauk, Chennai-600 005.
4.The District Revenue Officer, Collectorate, Kancheepuram, Kancheepuram District.
5.The Tahsildar, Sholinganallur Taluk, Kancheepuram District.
+1cc to Mr.S.Prabhu, Advocate Sr.No.37849 +1cc to the Government Pleader Sr.No.37726 W.A.No.333/2013 AJS (CO) PR (17/09/2021)