M. George @ S.George Raj v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.21030 of 2014 and M.P.No.1 of 2014 M.George @ S.George Raj .. Petitioner -vs1.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai-600 005.
2.The District Collector, Chennai Collectorate Office, Singaravelar Maligai, No.68, Rajaji Salai, Chennai-600 001.
3.The Commissioner of Police, Greater Chennai Police, Commissioner's Office, E.V.R. Periyar Salai, Vepery, Chennai-600 007.
4.The Commissioner, Corporation of Chennai, Ripon Buildings, No.1131, E.V.R. Periyar Salai, Park Town, Chennai-600 003.
5.The Managing Director, TASMAC Limited, IV Floor, Thazhamuthu Natarasan Maligai, No.2, Gandhi Irwin Salai, Egmore, Chennai-600 008.
6.B.Vasantha
7.K.R.S.Manian .. Respondents (Respondent No.7 impleaded as per the order dt. 18.12.2015 in M.P.No.1 of 2015) Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to consider the petitioner's representations dated 19.6.2014 and 8.7.2014 and acknowledged by the respondents on various dates respectively, and comply with the genuine requests made therein within a specific period to be stipulated by this Hon'ble Court.
For Petitioner :
Mr.V.Ramana Reddy For Respondents :
Mr.T.N.Rajagopalan Spl. G.P. for R2 & R3 Mr.B.S.Sundaramoorthy for R1 Mr.K.Soundararajan for R4 Mr.Kasirajan for R5 Mr.Abdu Mubeen for R7 NA - R6
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner and respondent N.6 were made allotments by the Tamil Nadu Slum Clearance Board/respondent No.1. The petitioner alleges that respondent No.5 has opened the TASMAC shop in a residential area, while respondent No.6 claims that it is entitled to do so, as both residential and commercial user is permitted.
2. The learned counsel for respondent No.1 states that in fact both the petitioner and respondent No.6 have encroached on the land of respondent No.1 beyond the allotted space.
3. The prayer made in the present petition is for disposal of the representations of the petitioner dated 19.6.2014 and 8.7.2014, making a grievance about the opening of the TASMAC shop.
4. On the Court query as to who would take the call on the representations of the petitioner, we are informed that respondent Nos.1 and 5 would both be involved in the process.
5. We, thus, issue the following directions:- (1)The representations of the petitioner dated 19.6.2014 and 8.7.2014 be decided by respondent Nos.1 and 5 within a maximum
period of two months from today.
(2)The first respondent will take steps to ensure that the encroachments, if any, by the petitioner and respondent No.6 are cleared and the process concluded within a maximum period of two months thereafter.
6. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2014 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai-600 005.
2.The District Collector, Chennai Collectorate Office, Singaravelar Maligai, No.68, Rajaji Salai, Chennai-600 001.
3.The Commissioner of Police, Greater Chennai Police, Commissioner's Office, E.V.R. Periyar Salai, Vepery, Chennai-600 007.
4.The Commissioner, Corporation of Chennai, Ripon Buildings, No.1131, E.V.R. Periyar Salai, Park Town, Chennai-600 003.
5.The Managing Director, TASMAC Limited, IV Floor, Thazhamuthu Natarasan Maligai, No.2, Gandhi Irwin Salai, Egmore, Chennai-600 008.
+1cc to Mr.B.S. Sundaramoorthi, Advocate, S.R.No.74611 +1cc to Mr.V. Ramana Reddy, Advocate, S.R.No.74420 +1cc to Mr.K. Soundarajan, Advocate Sr.No.74389 +1cc to Mr.R. Abdul Mubeen, Advocate Sr.No.74288 +1cc to the Government Pleader, S.R.No.74458 kk(CO) md(27/12/2016) W.P.No.21030 of 2014