Sathyavani Muthuteru Poorviga Kudiiruppor Nala Sangam, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.4368 of 2022 and W.M.P.No.4487 of 2022 Sathyavani Muthu Theru Poorviga Kudiiruppor Nala Sangam, Registration No.150/2021 Represented by its President, D.Kumar, S/o S.Durai, No.32/15 Sathyavani Muthu Street, Erukkencherry, Moolakkadai, Chennai - 600 118.
...Petitioner
vs.
1. The District Collector, Office of the District Collector, Chennai.
2. The Chairman and Managing Director, Chennai Metro Rail Limited, CMRL depot, Poonamallee High Road, Koyambedu, Chennai - 600 107.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration declaring the act of respondents evicting the petitioner society members residing at Sathyavani Muthu Street, Moolakadai, Erunachery, Chennai - 600 118 without notice as illegal and consequential direct the respondents not to evict or dispossess the petitioner society members from their respective Houses without following the due process of law.
For Petitioner : Mr.Adinarayana Rao For Respondents : Mr.D.Tamizh Selvi Additional Government Pleader for R1
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Declaration declaring the act of respondents evicting the petitioner's society members residing at Sathyavani Muthu Street, Moolakadai, Erunachery, Chennai - 600 118 and also to direct the respondents not to evict or dispossess the petitioner's society members from their respective houses without following due process of law.
2. The case of the petitioner is that, the members of the petitioner Sangam are residents in the above said address and they are doing coolie work on daily wage basis and around 49 families were living in the said Sangam and they have formed an Association, namely Sathyavani Muthu Theru Poorviga Kudiiruppor Nala Sangam and registered the same bearing Registration No.150/2021 under the Tamil Nadu Societies Registration Act, 1975. Thereafter, the Government of Tamil Nadu had passed a G.O. in G.O.No.168, Revenue dated 27.03.2000 and issued patta to the residents of the Sangam and were given planning permission and they have also raised pucca buildings.
When that being so, the respondents 1 and 2, on May 2021, visited the area of the members of the petitioner Sangam and started to survey the area stating that, the said place was proposed for acquisition of Metro Rail Project connecting from Madhavaram to Shollinganallur. Thereafter, the respondents 1 and 2 without issuing any notice, are trying to demolish and dispossess the members of the petitioner Association. Hence the petitioner has come up with the present Writ Petition seeking the aforesaid relief.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that the members of the petitioner Sangam are residents of the above said address. However, the respondents 1 and 2 without issuing any notice, are trying to demolish and dispossess the members of the petitioner Association, which is highly illegal and arbitrary.
4. The learned Additional Government Pleader for 1st respondent fairly concedes that the members of the petitioner Sangam will be dispossessed in the manner known to law.
5. In view of the fair submission made by the learned Additional Government Pleader appearing for the 1st respondent, this writ petition is accordingly disposed of, recording the
same. No costs. Consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar rap/skt To
1. The District Collector, Office of the District Collector, Chennai.
2. The Chairman and Managing Director, Chennai Metro Rail Limited, CMRL depot, Poonamallee High Road, Koyambedu, Chennai - 600 107.
+1cc to M/s.Adinarayan Rao, Advocate, S.R.No.13315 +1cc to the Government Pleader, S.R.No.14203 W.P.No.4368 of 2022 PMK(CO) SU(23/03/2022)