W.Annie Esther v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.15316 of 2010 And M.P.No.1 of 2010 W.Annie Esther ... Petitioner Vs.
1. The District Collector, Kancheepuram District.
2. The Chairman and Managing Director, Tamil Nadu Slum Clearance Board, Chennai.
3. The Executive Engineer/ Estate Officer, Tamil Nadu Slum Clearance Board, Sivalingapuram, K.K.Nagar Division, Chennai.
4. The Highways Rural Development Corporation represented by its Divisional Engineer, 2nd Floor, Alandur Municipality Office, Chennai - 600 016.
5. The District Revenue Officer, Chengalpat.
6. The General Manager, Southern Railway, Chennai.
7. The Secretary to Government, Government of Tamil Nadu, Highways (NH2) Department, Secretariat, St.George Fort, Chennai - 600 009.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from evicting or demolishing or dispossessing the petitioner house comprised in Survey No.169 situate at Plot No.162, Selliyamman Nagar, Chennai without due process of law or under Provisions of Tamil Nadu Highways Act 34 of 2002.
For Petitioner : Mr.R.Karunagaran For Respondents: Mr.M.Elumalai for R1, R4, R5 and R7 Government Advocate Mr.R.V.Babu for R2 and R3 Mr.P.T.Ram Kumar for R6
O R D E R
The learned counsel for the petitioner would submit that for the purpose of securing the poromboke land, the petitioner was asked to evict from the premises and she was informed that an alternative site to an extent of 360 sq.ft., would be provided. Accordingly, the petitioner handed over the entire premises to the Government. Hence, the prayer sought for in this writ petition became infructuous. The learned counsel would further submit that the proposal for providing alternative site is pending before the Government.
2.In view of the above, the writ petition is closed. However, this order will not stand on the way of the petitioner to secure the alternative site from the Government. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar pri To
1. The District Collector, Kancheepuram District.
2. The Chairman and Managing Director, Tamil Nadu Slum Clearance Board, Chennai.
3. The Executive Engineer/ Estate Officer, Tamil Nadu Slum Clearance Board, Sivalingapuram, K.K.Nagar Division, Chennai.
4. The Highways Rural Development Corporation represented by its Divisional Engineer, 2nd Floor, Alandur Municipality Office, Chennai - 600 016.
5. The District Revenue Officer, Chengalpat.
6. The General Manager, Southern Railway, Chennai.
7. The Secretary to Government, Government of Tamil Nadu, Highways (NH2) Department, Secretariat, St.George Fort, Chennai - 600 009.
+1 cc to Mr.R.Karunagaran, Advocate, S.R.No.60183 +1 cc to Mr.R.V.Babu, Advocate, S.R.No.60200 +1 cc to the Special Government Pleader, S.R.No.60210 W.P.No.15316 of 2010 And M.P.No.1 of 2010 NR(CO) SSM(08/08/2019).