← Library
Madras High CourtWP/19023/2017disposed of

Rajiv Gandhi Nagar Kudiyiruppu v. The Tamil Nadu Slum

2018-02-23Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.19023 2017 and WMP.No.20542 of 2017 Rajiv Gandhi Nagar Kudiyiruppu Podhunala Sangam Thiruvanmiyur Rep. by its President K.Illavarasu Kuppam Beach Road Thiruvanmiyur Chennai-600 041.

... Petitioner versus 1.

The Tamil Nadu Slum Clearance Board Rep. by its Chairman No.5, Kamarajar Salai Chepauk, Chennai-600 005.

2.

The Tamil Nadu Slum Clearance Board Rep. by its Executive Engineer Division No.6, No.130, Ramakrishna Mutt Road, Mylapore, Chennai-600 004.

3.

R.Velu Son of Raja 4.

Ettusuppura Son of Arumugham 5.

D.Thirumalai @ Thirumalaivasan S/o.Durai

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to forthwith put up compound wall on the Eastern and Southern side of Rajiv Gandhi Nagar, Kuppam Beach Road, Thiruvanmiyur, Chennai-600 041 and consequently, to prevent respondents 3 to 5 from converting the open space in the Rajiv Gandhi Nagar Layout, Kuppam Beach Road, Thiruvanmiyur, Chennai - 600 041, by considering and passing orders on the representation of the Petitioner dated 24.11.2016.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.R.Sivakumar standing counsel for R1 & R2 R3 to R4 - No appearance

O R D E R

Heard Mr.R.Sivakumar, learned standing counsel appearing for the respondents 1 and 2. Though notice was served on the respondents 3 to 5, they have not chosen to appear before this Court either in person or through their counsel. Their names are also printed in the cause list.

2. The petitioner seeks for a mandamus directing the respondents 1 and 2 to put up the compound wall on the Eastern and Southern side of Rajiv Gandhi Nagar, Kuppam Beach Road, Thiruvanmiyur, Chennai-600 041 and consequently, to prevent the respondents 3 to 5 from converting the open space in the Rajiv Gandhi Nagar Layout, Kuppam Beach Road, Thiruvanmiyur, Chennai - 600 041, by considering the representation of the petitioner dated 24.11.2016.

3. The grievance of the petitioner is that the respondents 3 to 5 are encroaching upon the open space in the Rajiv Gandhi Nagar layout and therefore, it has to be prevented by the official respondents.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents 1 and 2 to consider and decide the same. Accordingly, this writ petition is disposed of, only by directing the respondents 1 and 2 to consider the representation of the petitioner dated 24.11.2016 and pass orders on merits and in accordance with law, after hearing the petitioner as well as the respondents 3 to 5 and other interested parties, if any. Such exercise shall be done by the respondents 1 and 2 within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar mk

To 1.

The Chairman The Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chepauk, Chennai-600 005.

2.

The Executive Engineer The Tamil Nadu Slum Clearance Board Division No.6, No.130, Ramakrishna Mutt Road, Mylapore, Chennai-600 004.

+1cc to Mr.K.Selvaraj, Advocate SR.No.13995 W.P.No.19023 of 2017 BR(CO) GN(09/03/2018)