P.Karpagam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.16601 of 2021 P.Karpagam

...Petitioner

-vs1 The Commissioner Greater Chennai Corporation Rippon Building 1st Floor Raja Muthiah Road Kannappar Thidal Periyamet Chennai 600 003.

2 The Tamil Nadu Slum Clearance Board Through its Managing Director No.5 Kamarajar Salai Chepauk Chennai 600 005.

3 State of Tamil Nadu Through the Chief Secretary Government of Tamil Nadu Secretariat Fort St. George Chennai 600 009.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus direction to the respondents No.1 and 2 to stay the eviction of the houses and their belongings in the Dr. Radha Krishnan Nagar Arumbakkam Chennai 600 106 and issue an order or direction to the respondent No.2 TNSCB to conduct a survey of the affected residents and rehabilitate them in accordance with the Tamil Nadu Slum Areas (Improvement and Clearance) Act 1971 and issue an order or direction to the respondent No.1 not to physically dispossess the slum dwellers from the present site and maintain the status quo.

For Petitioner :

Mr.Arun Kasi For Respondents :

Mrs.Karthikaa Ashok Stdg. Counsel for R-1

:

Mr.Prabhu Stdg. Counsel for R-2 :

Mr.P.Muthukumar Counsel for State for R-3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) This petition is not maintainable as a public interest litigation because the personal interest of the petitioner is closely intertwined with the apparent public cause that the petitioner seeks to espouse.

2. Accordingly, W.P.No.16601 of 2021 is dismissed with liberty to the petitioner to challenge the actions complained of to the limited extent that it directly affects the petitioner. Such challenge may be made before an appropriate forum in accordance with law. There will be no order as to costs. Sd/- Assistant Registrar(CS) // True Copy// Sub Assistant Registrar sra To:

1 The Commissioner Greater Chennai Corporation Rippon Building 1st Floor Raja Muthiah Road Kannappar Thidal Periyamet Chennai 600 003.

2 The Tamil Nadu Slum Clearance Board Through its Managing Director No.5 Kamarajar Salai Chepauk Chennai 600 005.

3 State of Tamil Nadu Through the Chief Secretary Government of Tamil Nadu Secretariat Fort St. George Chennai 600 009.

+1cc to M/s.Karthikaa Ashok, Advocate, S.R.No.39527 +1cc to Mr.S.Prabhu, Advocate, S.R.No.39523 +1cc to the Government Pleader, S.R.No.39480 W.P.No.16601 of 2021 SR-II(CO) SU(16/08/2021)