Mrs.Mythili v. The Principal Secertary/Member
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2021 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.26349 to 26354 of 2014 and M.P.Nos.1 of 2014 (6M.Ps) Mrs.Mythili ... Petitioner in W.P.No.26349 of 2014 Mr.T.Sivakumar ... Petitioner in W.P.No.26350 of 2014 Mr.V.Prem Kumar ... Petitioner in W.P.No.26351 of 2014 Mrs.Parameshwari ... Petitioner in W.P.No.26352 of 2014 Mrs.Dheepika ... Petitioner in W.P.No.26353 of 2014 Mr.U.Jhonson ... Petitioner in W.P.No.26354 of 2014 Vs.
1.The Principal Secretary/member Secretary Sports Development Authority of Tamil Nady, No.116-A, Periyar E.V.R.High Road, Near Nehru Park, Chennai-600084.
2.The Managing Director Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai - 5.
3.The Estate Office - V, Tamil Nadu Slum Clearance Board, T.P. Chatram, Chennai - 10.
...Respondents in all WPs
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein not to remove petitioner's possession and enjoyment of the house property situated at No.25/19,288/22,1/,25,288/7,288/5,288/32 Behind Tamilnadu Slum Clearance Board Quarters Poonamallee High Road, Near To Nehru Park, Chennai-600084 respectively without following the due procedures established under the law.
For Petitioners : Mrs.Sindhuza For Mr.N.Kannan in all W.Ps
For R1 : Mr.S.Santhosh Kumar For Mr.K.Azhagu Raman in all W.Ps For R2 and R3 : Mr.M.Rajasekar in all W.Ps COMMON ORDER The relief sought for in the present writ petition is to direct the respondents not to remove possession and enjoyment of the house property situated at No.25/19, Behind Tamilnadu Slum Clearance Board Quarters Poonamallee High Road, Near To Nehru Park, Chennai-600084 without following the due procedures established under the law.
2. It is brought to the notice of this Court that the writ petitions with similar prayer are disposed of on 21.10.2021 in W.P.Nos.26220 to 26225 of 2014 and the relevant paragraphs are extracted here under:
"4. If at all, the petitioners claim any right in respect of the property, they have to establish their property right by filing the original documents before the competent Civil Court of law. Contrarily, writ petitions to grant the relief in the nature of an injunction cannot be entertained at all. When the 1st respondent made a submission that the property belongs to the Sports Development Authority of Tamil Nady and the remaining portion belongs to Tamil Nadu Slum Clearance Board, it is for the authorities to initiate all further action to evict the encroachers and utilise the land for the public purposes.
5. In these circumstances, the petitioners have not established even a semblance of legal right, so as to consider the relief as such sought for in the writ petitions.
6. Accordingly, the writ petitions stand dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed."
3. However, the learned counsel for the petitioner now made a submission that the petitioner has chosen to withdraw the petition.
4. In view of the said submission made by the learned counsel for the petitioner, through video conferencing, the petitioner is permitted to withdraw the petition.
5. Accordingly, the Writ Petitions are dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Jeni/Cse To 1.The Principal Secretary/member Secretary Sports Development Authority of Tamil Nady, No.116-A, Periyar E.V.R.High Road, Near Nehru Park, Chennai-600084.
2.The Managing Director Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai - 5.
3.The Estate Office - V, Tamil Nadu Slum Clearance Board, T.P. Chatram, Chennai - 10.
+6 ccs to Mr.K.Azhagu Raman, Advocate Sr.NO.
69504,69505,69506,69507,69508,69509 W.P.Nos.26349 to 26354 of 2014 VBM(CO) A.SK(19.01.2022)