Madras High CourtWP/19682/2019disposed of

V.Sundar v. Union Of India

2019-07-17Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.19682 of 2019 and W.M.P.No.19201 of 2019 V.Sundar .. Petitioner -Vs1. Union of India, Rep. by the Secretary, Ministry of Railways, Rail Bhavan, Raisina Road, New Delhi 110 001.

2. Union of India, Rep. by the Secretary, Ministry of Urban Development, A-Wing, Room No.101, Nirman Bhawan, New Delhi 110 108.

3. The State of Tamil Nadu, Rep. by the Principal Secretary, Housing and Urban Development Dept., Secretariat, Fort St. George, Chennai 600 009.

4. The Principal Secretary to Government/ Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.

5. The District Collector, Collectorate of Chennai, Singaravelar Maaligai, 62, Rajaji Salai, Chennai 600 001.

6. The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai 600 007.

7. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

8. The General Manager, Integral Coach Factory, Chennai 600 038.

9. Estate Officer & Principal Chief Engineer, Office of the Principal Chief Engineer, Integral Coach Factory, Chennai 600 038.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus, to call for the records culminating in the passing of Form "BB" No.W/W.21(Track) dated 17.06.2019 passed by the 9th respondent and quash the same and consequently direct the respondents to provide alternate dwelling houses with adequate facilities to the dwellers/petitioner at South Jagannatha Street, Villivakkam, Chennai 600 049, in Survey No.333 of Korattur Village, Old Saidapet Taluk and presently under Perambur & Purasawakkam Taluk/Aminjikarai Taluk, within Division 94 of Zone 8 of Greater Chennai Corporation, within the time frame to be fixed by this Court.

For Petitioner :

Mr.P.V.Vinayakhamurthi For Respondents :

Mr.S.N.Parthasarathy Govt. Advocate for RR 3, 5 & 6 :

Dr.C.Ravichandran Stdg. Counsel for R-7 :

Mr.P.T.Ramkumar Stdg. Counsel for R-9

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate, who takes notice for respondent nos.3, 5 and 6, Dr.C.Ravichandran, learned Standing Counsel, who takes notice for respondent no.7 and Mr.P.T.Ramkumar, learned Standing Counsel, who takes notice for respondent no.9.

2.This petition has been preferred by the petitioner against the notice, which was issued to the petitioner under Section 5B

(1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The said notice is dated 17.06.2019. The notice relates to encroachment and unauthorized construction on railway land at S.No.333 of Korattur Village, Old Saidapet Taluk and presently under Perambur and Purasawakkam Taluk/Aminjikaran Taluk.

3.Against the notice which has been issued under Section 5B

(1) of the said Act, there is an efficacious alternate remedy of preferring an appeal under Section 9 of the said Act. 4.In view of the fact that the petitioner has an efficacious alternate remedy against the notice dated 17.06.2019, we are not inclined to entertain this writ petition and the petitioner is relegated to the remedy of preferring appeal. With the above observation, the writ petition is disposed of. No costs. Consequently, W.M.P.No.19201 of 2019 is closed. sra Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to Govt. of India, Ministry of Railways, Rail Bhavan, Raisina Road, New Delhi 110 001.

2. The Secretary to Govt. of India, Ministry of Urban Development, A-Wing, Room No.101, Nirman Bhawan, New Delhi 110 108.

3. The Principal Secretary to Govt. of Tamil Nadu, Housing and Urban Development Dept., Secretariat, Fort St. George, Chennai 600 009.