Madras High CourtWP/8944/2024disposed of

J.Kalvi v. The District Collector

2024-04-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR J.Kalvi .. Petitioner

Versus

1.The District Collector Chennai District Collector Office, Chennai - 600 001 2.The Commissioner Greater Chennai Corporation 3.The Zonal Officer Zonal -VI, Greater Chennai Corporation No.158, Strans Road, Otteri Chennai - 600 012 4.The Tahsildar Perambur Tahsildar Office Perambur, Chennai - 600 011 5.The Tahsildar Ayanavaram, Chennai - 600 023 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to allot alternate place to the petitioner in pursuant to the eviction of petitioner's property namely 17/8, Avvai Nagar, East Railway Gate, Kolathur Main Road, Chennai - 600 099 admeasuring 1150 sq.ft., comprised in Survey No.112 1/4

(part) Konnur Village, Perambur-Puraswakkam Taluk, Chennai District together with tiled house with built up area of around 300 sq.ft., For Petitioner : Mr.B.Sathish Babu For Respondent : Mr.A.Selvendran for R1,4 and 5 Special Government Pleader Mr.E.C.Ramesh for R2 & 3

ORDER

This writ petition is filed for a direction to the respondents to allot alternate place to the petitioner in pursuant to the eviction of petitioner's property namely 17/8, Avvai Nagar, East Railway Gate, Kolathur Main Road, Chennai - 600 099 admeasuring 1150 sq.ft., comprised in Survey No.112 (part) Konnur Village, Perambur-Puraswakkam Taluk, Chennai District together with tiled house with built up area of around 300 sq.ft.,

2. It is the case of the writ petitioner that he is in continuous possession of the property for more than 40 years, however, on 10.12.2021, he was vacated from the said place on the ground that it is a water body and similar situated persons were allotted with alternative sites and the petitioner is not given any alternative sites. In this regard, he has given a representation on 22.08.2022, the same has not been considered. Hence, seeks direction. 2/4

3. Heard both sides and perused the materials placed on record.

4. Considering the limited relief sought for in this writ petition, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the representation of the petitioner dated 22.08.2022 and pass appropriate orders on merits, if the respondents finds that the petitioner is landless poor, they may act as per the law in allotting place. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this Order.

5. With the above direction, this writ petition is disposed of. No costs. 03.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The District Collector Chennai District Collector Office, Chennai - 600 001 2.The Commissioner Greater Chennai Corporation 3/4

N. SATHISH KUMAR , J.

dhk 3.The Zonal Officer Zonal -VI, Greater Chennai Corporation No.158, Strans Road, Otteri Chennai - 600 012 4.The Tahsildar Perambur Tahsildar Office Perambur, Chennai - 600 011 5.The Tahsildar Ayanavaram, Chennai - 600 023 W.P.No.8944 of 2024 03.04.2024 4/4