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Madras High CourtWP/11590/2010disposed of

Mr.S.Sekar, No.40b 14th Cross v. Tamilnadu Slum

2019-04-30Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.11590 of 2010 and M.P.No.1 of 2010 Mr.S.Sekar ... Petitioner Vs.

1. Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai-600 005.

Represented by its Chairman.

2. The Executive Engineer, Division-6, Tamil Nadu Slum Clearance Board, T.Nagar, Chennai-600 017.

... Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the 2nd respondent in passing the order bearing Na.Ka.No.

K.Pa.Ma/822/E.Ni.Po(Thi)/09/Division-VI, dated 28.03.2010 and quash the same.

For Petitioner :

Mr.S.Rajendra Kumar For Respondents :

Mrs.D.Latha

O R D E R

The learned counsel for the petitioner submitted that as per the instruction, the petitioner has paid the entire arrears amount to the Slum Clearance Board and he had also removed the roof of the floor existing in the first floor. Now, the stair is leading to the first floor cannot be used since there is no roof on the top of the floor.

2. The learned counsel for the petitioner would submit that the side wall could not be demolished since there is no adjacent building.

3. The petitioner is directed to remove the pillars upto the first floor level within a period of two weeks from the date of https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order. If the petitioner tries to put up any further construction in the existing area allotted, the Respondent/Board is given liberty to evict the petitioner from the said area without giving any further notice to the petitioner.

4. With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai-600 005.

2. The Executive Engineer, Division-6, Tamil Nadu Slum Clearance Board, T.Nagar, Chennai-600 017.

+1cc to Ms.K.Latha, Advocate sr.42972 +1cc to M/s.Suresh Associates, sr.42424(21/08/2019) W.P.No.11590 of 2010 and M.P.No.1 of 2010 nr 20/06/2019 https://hcservices.ecourts.gov.in/hcservices/