V.Mani v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.31863 of 2012 and M.P.No.2 of 2012 V.Mani .. Petitioner -vs1.The Chairman, Tamilnadu Slum Clearance Board, Chennai-600 005.

2.The Estate Officer, The Estate Office-5, Tamilnadu Slum Clearance Board, T.P.Chathiram, Chennai-600 010.

3.The Executive Engineer, Tamilnadu Slum Clearance Board, Division IIII, Chennai-600 039.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to the impugned notice in Na.Ka.No.212/i.ni.po. (thi)/ko.3.2012 dated 23.11.2012 issued by the 3rd respondent, to quash the same and to consequently direct the 1st respondent to pass necessary order allotting 130 square feet (13 feet by 10 feet) land opposite "T" Block, Sathiyavanimuthu Nagar, Otteri, Chennai-600 012 where the petitioner is running his shop after due verification, necessary payments to be made by the petitioner.

For Petitioner :

No Appearance For Respondents :

Mr.S.Prabhu for R1 to R3 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The mother of the petitioner was allotted a tenement in Sathiyavanimuthu Nagar, Otteri, Chennai-12. But the petitioner is occupying the common area to run the business and that too, dealing with plastic wastage. We fail to appreciate as to how the petitioner can be permitted to do this business or claim right of occupancy, as also for allotment of the premises.

2. The Miscellaneous Petition (M.P.No.1 of 2012) already stands dismissed for non-prosecution on 12.12.2013.

3. The aforesaid may be the reason that none appears for the petitioner.

4. The writ petition is dismissed on merits for the aforesaid reasons. No costs. Consequently, M.P.No.2 of 2012 is also dismissed. (S.K.K., CJ.) (M.S., J.) 07.12.2016 Index : Yes/No Internet : Yes/No bbr To 1.The Chairman, Tamilnadu Slum Clearance Board, Chennai-600 005.

2.The Estate Officer, The Estate Office-5, Tamilnadu Slum Clearance Board, T.P.Chathiram, Chennai-600 010.

3.The Executive Engineer, Tamilnadu Slum Clearance Board, Division IIII, Chennai-600 039.

The Hon'ble Chief Justice and M.Sundar, J.

bbr W.P.No.31863 of 2012 07.12.2016