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Madras High CourtCRP/3245/2026dismissed

Nagendran v. Joshine Accacia @ Shria

2026-06-11Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP No. 3245 of 2026 AND CMP NO. 14127 OF 2026 Nagendran ..Petitioner(s) Vs

1. Joshine Accacia @ Shria Rep by special power agent Josphine Accacia @ Shria

2. Estate Officer - II Tamil Nadu Slum Clearance Board, presently known as Tamil Nadu Urban Habitat Department, K.K.Nagar, Sivalingapuram, Chennai - 78

3. The Chairman Tamil Nadu Slum Clearance Board, presently known as Tamil Nadu Urban Habitat Department, Chennai - 600 005 ..Respondent(s) To set aside the fair order dated 15.04.2026 passed in IA No.5 of 2026 in OS No.1263 of 2014 on the file of III Assistant City Civil Court, Chennai and allow the present Civil Revision Petition. For Petitioner(s):

Mr.P.Rajendrakumar For Respondent(s):

Mr.T.S.Baskaran

Order This Civil Revision Petition has been filed, challenging the order dated 15.04.2026 passed by the III Assistant Judge, City Civil Court, Chennai in I.A. No.5 of 2026 in O.S. No.1263 of 2014.

2.The petitioner is the defendant in the suit O.S. No.1263 of 2014 on the file of the III Assistant Judge, City Civil Court, Chennai. The first respondent is the plaintiff in the said suit. The suit was filed for recovery of possession and for permanent injunction. The trial commenced in the said suit and it was also completed. Thereafter, during the arguments stage, the petitioner, who is the defendant in the suit filed I.A. No.5 of 2026 in O.S. No.1263 of 2014 seeking to implead the Estate Officer-II of Tamil Nadu Slum Clearance Board and the Chairman of Slum Clearance Board as party defendants in the suit on the ground that the land over which the superstructure was constructed belongs to the Slum Clearance Board. The Trial Court dismissed I.A. No.5 of 2026 in O.S. No.1263 of 2014 on the ground that there is no legal right vested with the petitioner/defendant to file an application seeking to implead the Slum Clearance Board and further I.A. No.5 of 2026 has been filed belatedly only during the arguments stage.

3.This Court does not find any infirmity in the reasons given by the Trial Court for dismissing the petitioner's application. Admittedly, I.A. No.5 of 2026 was filed by the petitioner only during the arguments stage in the main suit. The suit is of the year 2014. The petitioner could have filed the I.A. No.5 of 2026 at the earliest point of time. Further, the petitioner is no way connected with the land over which the superstructure has been constructed. If at all the land belongs to the Slum Clearance Board, it is for the Slum Clearance Board to agitate their rights against the plaintiff in the suit by either filing an impleading application or by filing a separate suit.

4.For the foregoing reasons, this Court does not find any merit in this Civil Revision Petition. The Trial Court shall decide the main suit uninfluenced by any of the observations made by this Court in this order. With the above observation, this Civil Revision Petition is dismissed. Consequently, connected CMP is closed. No costs.

11-06-2026 Index: Yes/No Speaking/Non-speaking order VGA

To 1.Estate Officer - II Tamil Nadu Slum Clearance Board, presently known as Tamil Nadu Urban Habitat Department, K.K.Nagar, Sivalingapuram, Chennai - 78 2.The Chairman Tamil Nadu Slum Clearance Board, presently known as Tamil Nadu Urban Habitat Department, Chennai - 600 005 3.The III Assistant Judge, City Civil Court, Chennai. 4.The Section Officer, VR Section, High Court, Madras.

ABDUL QUDDHOSE J.

VGA AND CMP NO. 14127 OF 2026 11-06-2026