Madras High CourtWP/4802/2018dismissed as infructuous

I.Panneerselvam, v. Assistant Executive Engineer,

2018-07-30Honourable Mr Justice T.Raja5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.07.2018

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.4802 of 2018 and WMP.No.5944 of 2018

1. I.Panneerselvam,

2. P.Balamuragan,

3. S.Sekar,

4. Kathija Beevi,

5. S.Hackeem,

6. M.S.Mathinabeevi,

7. S.M.B.Mohamed Haji,

8. S.Thulasiram,

9. Ava Bee, 10.J.Manojkumar, 11.E.Jagadeesan, 12.T.Sathyanarayanan, 13.D.Manojkumar, 14.Dakshinamurthy, 15.E.Raja, 16.NajiMudheen, 17.NajiMudheen, 18.Selvakumar, 19.Panneerselvam, 20.R.Baskaran, 21.Nandagopal, 22.A.Moosa, 23.Syed Sibagathulla, 24.Chakkarapani, 25.P.V.K.Rajamagendran, 26.P.Alaguvel, 27.A.Yuvaraghul, 28.Elango, 29.G.Saroja, 30.R.Saroja, 31.G.Sankar, 32.R.Prema, 33.R.Sangari, 34.Iyyannar, 35.Jayakumar, 36.P.Vijaya, 37.Paneerselvam, 38.P.Sridaran, 39.N.Jagir Husan,

40.M.D.Jaganathan, 41.M.Sheik.

...Petitioners

Versus

1. Assistant Executive Engineer, B.Canal Division, Chepauk, Madras-5.

2. The State of Tamil Nadu reep. By its Commissioner and Secretary to Government, Chennai-9.

3. Corporation of Madras, represented by its Commissioner, Revenue Department, Ripon Buildings, Chennai-3.

4. The Administrative Engineer, Special Division-Chennai-III Tamil Nadu Slum Clearance Board, No.33, Venkat Narayana Road, Nandanam, Chennai-35.

5. The Chairman, National Highways Authority of India, Ministry of Road Transport and Highways, G-5 & 6 Sector 10, Dwaraka, New Delhi-110 045.

6. Member Secretary, CHENNAI RIVERS RESTORATION TRUST (Wholly owned by Govt of TamilNadu) No.6/103,Dr.D.G.S.Dinakran Salai, Raja Annamalaipuram, Chennai-600 028.

... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order Nadapanai No.Ko9/U.Se.Po./Cooum/2018, dated 22.01.2018 passed by the 1st respondent, quash the same and direct the respondents to provide alternate site together with construction for the petitioners as per the rehabilitation and resettlement under the four lane elevated express way from Chennai Port to Maduravoil Project Scheme in accordance with law in the Rehabilitation Scheme on the ground of alternate site at Auto Nagar, Appur and Perumal Thangal Village, Chengalpet Taluk, Kancheepuram District before evicting the petitioners in the South Cooum River Road.

For Petitioner : Mr.K.Sivakumar For Respondents : Mr.A.Kumar, Additional Advocate General assisted by Mr.R.Govindasamy Special Government Pleader for R1,R2&R6 Mr.M.T.Arunan, Central Govt. Standing Counsel for R5 MR.R.Siva Kumar, Standing Counsel for R4 NA - R3

O R D E R

The Writ Petition has been filed challenging the impugned order passed by the 1st respondent dated 22.01.2018 and to quash the same with a further direction, directing the respondents to provide them alternate accommodation.

When the matter was taken up for hearing, the learned Additional Advocate General appearing for the respondents 1, 2 and 6 submitted that the request of the petitioners for grant of alternate accommodation has been considered and all of them have already been issued with allotment orders granting them alternate accommodations. Therefore, nothing survives in the matter.

(*)3.This matter is taken up under the caption "for being mentioned" at the instance of the learned counsel for the petitioners and Mr.A.Kumar, learned Additional Advocate General for the respondents.

4. It is stated by the counsel for the petitioners that the proceeding dated 19.02.2018 of the first respondent / the Secretary, Public Works Department, Chennai, says that the petitioners would be alloted with alternative accommodation on production of certain documents Viz., Aadhar card, Ration Card, Voter ID, etc. However, it is clarified by the learned Additional Advocate General for the respondents that on production of such documents as stated in the proceedings dated 19.02.2018, the petitioners would be entitled to take possession of their respective Plot.

5. Another grievance of the Petitioners is that the petitioners may be given two months period to taken possession of the alternative accommodation given from the present accommodation. Replying to the said submission, Mr.A.Kumar,

learned Additiona Advocate General emphatically stated that since the alternative accommodation has already been given to the petitioners, they will have to move into the alternative accommodation, hence, they cannot seek for two months time for vacating the present accommodation as they will be permitted to take possession of the same immediately on production of certain documents such as ration card, Aadhar card, etc., as stated in the proceedings dated 19.02.2018.

6. It is also the further grievance of the petitioners that the respondents have allotted 300 sq.ft. On free of cost to some of the petitioners, however, they have not mentioned anything about the persons allotted with more then 300 sq.ft., therefore, this aspect may be clarified. Clarifying this argument, learned additional Advocate General stated that each allottee is entitled to the allotment to an extent of 300 sq.ft. On free on cost, however, if any one is seeking more space, on payment of Rs.650/- per sq.ft., they can approach the authorities with an application and thereafter, the same will be considered subject to the availability of the plot in question.

Recording the said statement of the learned Additional Advocate General appearing for the respondents 1, 2 and 6, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(CS-IV) (*)Para 3 to 6 are incorporated as per order dated 02/03/2018 //True Copy// Sub Assistant Registrar tsi To

1. Assistant Executive Engineer, B.Canal Division, Chepauk, Madras-5.

2. The State of Tamil Nadu reep. By its Commissioner and Secretary to Government,

Chennai-9.

3. Corporation of Madras, Represented by its Commissioner, Revenue Department, Ripon Buildings, Chennai-3.

4. The Administrative Engineer, Special Division-Chennai-III Tamil Nadu Slum Clearance Board, No.33, Venkat Narayana Road, Nandanam, Chennai-35.

5. The Chairman, National Highways Authority of India, Ministry of Road Transport and Highways, G-5 & 6 Sector 10, Dwaraka, New Delhi-110 045.

6. Member Secretary, CHENNAI RIVERS RESTORATION TRUST (Wholly owned by Govt of TamilNadu) No.6/103,Dr.D.G.S.Dinakran Salai, Raja Annamalaipuram, Chennai-600 028.

+1cc to the Government Pleader, S.R.No. 54737 +2cc to Mr.MD.IBRAHIM ALI, Advocate, S.R.No.51640 & 52964 +1cc to Mr.R.SIVAKUMAR, Advocate, S.R.No.52484 W.P.No.4802 of 2018 TR(24/08/2018)