Pappathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.13008 and 13009 of 2025 Pappathi .. Petitioner

Versus

1. The District Collector, Tiruppur.

2. Tamilnadu Slum Clearance Board, Tiruppur Division, rep. by Executive Engineer .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent made in order, dated 06.03.2025 in Na.Ka.No.585/Ea A/202 and quash the same and direct the 2nd respondent to remove the seal in respect of the petitioner's residence No.111, 4th Block, Jaya Nagar, Neruperichal, Tiruppur.

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For Petitioner : Mr.J.Franklin For Respondents : Mr.S.Senthil Murugan, Special Government Pleader for R1 : Mrs.Indhumathi Venkatesan, Standing Counsel (TNSCB) for R2

ORDER

This Writ Petition is filed challenging the impugned order, dated 06.03.2025 made in Na.Ka.No.585/Ea A/202 and quash the same and direct the respondents to remove the seal in respect of the petitioner's residence No.111, 4th Block, Jaya Nagar, Neruperichal, Tiruppur.

2. Upon hearing the learned Counsel for the petitioner as well as the learned Special Government Pleader for the first respondent and learned Standing Counsel for the second respondent and perusing the affidavit filed in support of the Writ Petition and the material records of the case, the grievance of the petitioner is that the petitioner was allotted a house by the 2/7

second respondent and she is residing there by paying the subsidized rent. While so, on an allegation that her son is involving in criminal cases and also used the said premises for committing the offences, the present order is passed terminating the occupation and sealing the premises. Therefore, the petitioner has approached this Court.

3. If the petitioner's son is involved in criminal cases, then, he has to be prosecuted and due punishment has to be obtained. The petitioner cannot be deprived of her house in respect of the same. However, with reference to using of the premises, the learned Counsel for the petitioner submits that she will file an undertaking before the respondents that her son, hereafter, will not use the house for any activities and as a matter of fact, it is the contention of the petitioner that subsequently, even her son stopped coming to the house. Let an affidavit to that effect be filed before the second respondent.

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4. In view this Writ Petition is allowed on the following terms:- (i) The impugned order, dated 06.03.2025 made in Na.Ka.No.585/Ea A/202, shall stand quashed;

(ii) The seal in respect of the house shall be opened and the petitioner shall be put into possession. The petitioner shall file the affidavit as aforesaid within one week from the date of receipt/production of a web-copy of this order without waiting for a certified copy of this order and within one week thereafter, the authorities shall de-seal the premises; (iii) There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

28.03.2025 : no grs To

1. The District Collector, Tiruppur.

2. The Executive Engineer, Tamilnadu Slum Clearance Board, 4/7

Tiruppur Division.

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D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.Nos.13008 and 13009 of 2025 6/7

28.03.2025 7/7