P.Karnan v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.24505 of 2015 & W.M.P.No.1 of 201 1.P.Karnan 2.D.Myvizhi 3.A.Rajan 4.P.Maheshwari 5.S.Devi 6.M.Jagadeesan 7.K.Sundarraj 8.P.Devi 9.C.Sekar 10.M.Bhaskar 11.J.Udaya Kumar 12.J.Ravi Kumar 13.D.Komala 14.Nagammal 15.J.Jaydhabee 16.S.Nashreen 17.Bhagavathi 18.Muthammal 19.Uma Maheshwari 20.Thajudeen 21.Shabana 22.M.Thajunisha 23.V.Latha 24.Nalla Thambi 1/8
25.Chitra 26.Ramamoorthy 27.Raja Sekar 28.Sankar 29.Gopi 30.Mahalakshmi 31.Mohana 32.Sarathy 33.Santhi 34.Vijayalakshmi 35.Durai Raji 36.Deva Raj 37.P.Balasubramaniyan 38.M.Lakshni 39.Thangavel 40.Vijaylakshmi 41.B.Pauunu 42.Mohanakrishnan 43.Mathu Mathim 44.Dhanalakshmi 45.Ramalingam 46.Chandra 47.Muthulingam 48.Sanjay Gandhi 49.Kalirajan
...Petitioners
Vs.
1.The Collector, O/o. The Collectorate, Thiruvallur District.
2.The Tahsildar, O/o, Tahsildar, Ponneri Taluk, Thiruvallur District.
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3.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thzhamuthu Natarajar Maligai, Egmore, Chennai - 600 008.
4.The Principal Secretary, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai - 05.
..Respondents (R4 Suo Motu Impleaded vide order dated 20.04.2023 made in W.P.No.24505 of 2015) Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the third respondent or their officials or their men or agents or anybody or persons acting under their instruction or any third party from disturbing the peaceful possession and enjoyment of the petitioners, living in the Dr.Kalainger Nagar, Slum Area, Manali New Tow, Chennai - 600 103 in Survey No.9/1A1, 9/1A2 and 9/C3, without due process of law.
For Petitioner : Mr.K.Seetharam For Respondents 1 & 2: Mr.T.Venkatesh Kumar, Special Government Pleader For Respondent 3 : Mrs.P.Veena Suresh, Standing Counsel For Respondent 4 : Mr.Babu Muthu Meeran, Standing Counsel 3/8
ORDER
The relief sought for in the present writ petition is to forbear the third respondent or their officials or their men or agents or anybody or persons acting under their instruction or any third party from disturbing the peaceful possession and enjoyment of the petitioners, living in the Dr.Kalainger Nagar, Slum Area, Manali New Tow, Chennai - 600 103 in Survey No.9/1A1, 9/1A2 and 9/C3, without due process of law.
2. The petitioners state that they are in occupation of the subject property at Dr.Kalaignar Nagar, Slum Area (Previously J.J.Nagar), Manali New Town, Chennai, a part of the old village, Sadayankuppam. The petitioners state that the lands are classified as "Grama Natham" and they are in occupation of the land by constructing hut or building and they are residing there. Each petitioners have occupied two cents of land. The petitioners submitted an application for grant of patta to the District Collector, Thiruvallur and thereafter, the second respondent issued a notice for enquiry. Since the authorities have initiated action to evict the 4/8
petitioners, they are constrained to move this writ petition.
3. Admittedly, the petitioners are not the absolute owners of the property. They are in occupation of the land belonging to the Government. The land stands in the name of Chennai Metropolitan Development Authority and it was allotted by the Government for developmental activities.
4. The fact remains that the subject property which was allotted to the Chennai Metropolitan Development Authority had already been handed over to the Tamil Nadu Slum Clearance Board / Tamil Nadu Urban Habitat Development Board. Since the Chennai Metropolitan Development Authority has handed over the land to the Urban Habitat Development Board, this Court has impleaded the Urban Habitat Development Board as party respondent.
5. The Board has given a written instruction through the learned counsel appearing on behalf of the Board on 21.04.2023 stating that the subject property is required for developmental activities and the Board has to construct new building for the benefit of eligible landless poor people 5/8
and therefore, the case of the petitioners also will be considered, if they submit an appropriate application and if they are eligible in accordance with the terms and conditions of the scheme for allotment of free flat/house. It is stated by the Board that they have proposed to construct a multi-storey residential complex and the case of the petitioners also will be considered as per their eligibility and on submission of their applications respectively.
6. In view of the fact that the Board has consented for considering the case of the eligible petitioners, the relief as such sought for in this writ petition deserves no merit consideration. More so, such a relief to restrain the respondents from interfering cannot be granted, since the subject property belongs to the Urban Habitat Development Board and already they have taken a decision to develop housing projects.
7. With these clarifications, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 11.07.2023 nl 6/8
Index : Yes Speaking order To 1.The Collector, O/o. The Collectorate, Thiruvallur District.
2.The Tahsildar, O/o, Tahsildar, Ponneri Taluk, Thiruvallur District.
3.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thzhamuthu Natarajar Maligai, Egmore, Chennai - 600 008.
4.The Principal Secretary, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai - 05.
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S.M.SUBRAMANIAM, J.
nl 11.07.2023 8/8