K.Abdul Samad v. The Commissioner

W.P.No.26121 of 2015 and M.SATHYANARAYANAN, J., and N.SESHASAYEE, J., [Order of the Court was made by M.SATHYANARAYANAN, J.] This Court, in continuation and in conjunction with the earlier orders especially the last order dated 23.10.2017, is passing the following order.

2. In our last order, we directed the Tamil Nadu Slum Clearance Board as well as jurisdictional officials of Corporation of Chennai to cause inspection of the area in question and file a detailed Status Report containing the following: [1] Number of original allottees with their names and addresses [2] Whether the allotment have been transferred in favour of third parties through the registered document or not and the names of the present occupants ;

[3] The nature and extent of unauthorized constructions, especially whether the encroachment is made on the public land ; and [4] The enumeration of the present occupants shall also be done and if necessary, the copies of the Ration Cards, Voters ID Cards and Aadhar Cards shall also be collected and a detailed report along with photographs of the structures shall be submitted to this Court" 1/4

3. A Status Report has been filed by the second respondent dated 31.10.2018 and the contents of the same do no spell out clearly whether any joint inspection was caused ?

4. Mr.S.Prabu, learned Standing counsel appearing for Tamil Nadu Slum Clearance Board would submit that when they went to do enumeration / collecting particulars they faced huge resistance from people in the form of human mischief and officials are also subjected to abuse and some of them are gone to the extent of assaulting and therefore, the said exercise could not be completed for want of police aid.

5. The Executive Engineer, Zone-13 has filed counter a affidavit dated 25.04.2017 and is yet to file Status Report in terms of our last order dated 23.10.2017. It also appears that very many unauthorised constructions have come into being and those constructions have also put up for commercial purpose and despite the jurisdictional Zonal Office becoming aware of the same except in the form of statement, they have not issued Locking, Sealing and Demolition Notice and did not pursue the matter further. 2/4

6. It is also brought to the knowledge of this Court that in a writ petition pertaining to unauthorised use of platforms erected, the Commissioner, Greater Chennai Corporation shall appear before this Court to render necessary assistance.

Call on 19.11.2019.

[M.S.N,J] [N.S.S,J] 18.11.2019 sk Note:Registry is directed to upload the copy of this order in website today. 3/4

M.SATHYANARAYANAN, J., and N.SESHASAYEE, J., sk W.P.No.26121 of 2015 and 18.11.2019 4/4