Ashoknagar Residents Welfare v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ashoknagar Residents Welfare Association Rep by its Secretary R.Muthukumar Reg No.312/2018 Plot No.99 91st Street Kamarajar Salai Ashok Nagar Chennai- 600 083.
: Petitioner versus 1.The State of Tamil Nadu Rep by its Secretary Department of Home Fort St George, Chennai- 600 009.
2.The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chepauk, Chennai-5.
3.The Superintendent Engineer CEDC South Tamil Nadu Electricity Board Anna Main Road, K.K.Nagar, Chennai-78.
4.The Assistant Engineer O & M/ Ashok Nagar West TANGEDCO KK Nagar Chennai- 600 078.
5.The Assistant Commissioner Corporation of Chennai 10th Zone, Kodambakkam Chennai- 600 024.
6.K.S.Narayanasamy 7.V.Ramamoorthy 8.Radha : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records pertaining to impugned order dated 23.06.2011 vide Na.Ka.No.A.AA.8/7316/96 issued by the 2nd respondent and quash the same.
For Petitioner :
Mr.Adeesh Anto For Respondent No.1 :
Mr.A.Edwin Prabhakar, State Government Pleader For Respondent No.2 :
Mr.G.Venkatesan For Respondents 3, 4 :
No appearance For Respondent No.5 :
Mr.A.Arun Babu For Respondent No.8 :
Mr.Richardson Wilson, for M/s.P.Wilson Associates Not ready in notice for respondents 6 and 7
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Adeesh Anto, learned counsel for the petitioner, Mr.A.Edwin Prabhakar, learned State Government Pleader, for the first respondent, Mr.G.Venkatesan, learned counsel for the second respondent, Mr.A.Arun Babu, learned counsel for the fifth respondent, Mr.Richardson Wilson, learned counsel for the eighth
respondent.
2. The learned counsel for the petitioner submits that the subject Plot No.169 is reserved for community purpose. The said plot was allotted to Bharat Sevak Samaj. The Samaj had put up a superstructure and leased out the building to one Nirmala Nursery School, represented by the sixth respondent - K.S.Narayanasamy. Subsequently, eviction notice was issued to Nirmala Nursery School and the sixth respondent. Thereafter, an order of eviction was also passed. Later, it was noticed that the Tamil Nadu Slum Clearance Board had executed a sale deed in favour of the sixth respondent. A plot meant for community purpose cannot be alloted or sold to a private entity. The school was being run for the benefit of the children of the slum dwellers residing nearby. The said building cannot be used for commercial purpose.
3. There is no document even to remotely suggest that Plot No.169 was reserved as a community centre. Bharat Sevak Samaj had filed a suit for eviction against Nirmala Nursery School on the ground that the said plot was originally allotted to the Samaj by the Tamil
Nadu Slum Clearance Board and the property was leased out to Nirmala Nursery School by the Samaj in its capacity as an allottee.
4. In the absence of any record to suggest that the building was used for community centre or for park or playground, the petitioner will not have any locus standi to challenge the sale deed executed in favour of Nirmala Nursery School and/or K.S.Narayanasamy, the sixth respondent herein.
5. In light of the above, no case is made out for interference. The writ petition as such stands disposed of. There shall be no order as to costs. Consequently, WMP Nos.7368, 7370 and 7371 of 2021 are closed.
(S.V.G., CJ.) (D.B.C., J.) 21.03.2024 Index : Yes/No : Yes/No tar
To 1.The Secretary Home Department Fort St George, Chennai- 600 009.
2.The Chairman Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chepauk, Chennai-5.
3.The Superintendent Engineer CEDC South Tamil Nadu Electricity Board Anna Main Road, K.K.Nagar, Chennai-78.
4.The Assistant Engineer O & M/ Ashok Nagar West TANGEDCO KK Nagar Chennai- 600 078.
5.The Assistant Commissioner Corporation of Chennai 10th Zone, Kodambakkam Chennai- 600 024.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) 21.03.2024