Tiruvallur Nagar Veetu v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.13701 of 2012 and M.P.No.1 of 2012 Tiruvallur Nagar Veetu Urimaiyalar Sangam, No.14, Manali Salai, Tiruvallur Nagar, Korukkupet, Chennai-600 021, rep. by its President P.Chokalingam.

.. Petitioner vs 1.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai-600 005.

2.The Commissioner, Corporation of Chennai, Chennai-600 003.

3.The Assistant Engineer, Chennai Corporation Office Ward 41(10) Zone 4(1), Tondiarpet, Chennai-600 081.

4.The Ward Councilor Selvi.Sasirekha, Ward No.41(10) Zone 4(1), Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing 3rd and 4th respondents from occupying the Plot No.130, Thiruvalluvar Nagar, Korukkupet, Chennai-600 021.

For Petitioner .. Mr.M.Aswin for Dr.G.Krishnamurthy For Respondents .. Mr.S.Prabhu for R1 Mr.B.B.Senthilkumar for R2 & R3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the Corporation of Chennai states that the property in question is vested with the Corporation of Chennai and the Chennai Corporation is in possession and thus, there can be no issue of land grabbing. This is stated to be so reflected in paragraph 14 of the counter-affidavit of the Corporation of Chennai, which read as under:- "14. I respectfully submit that with respect to Para 15 of the affidavit no one has occupied the said land, since it is under the possession of Corporation of Chennai. Therefore the petitioner's claim is baseless and false. The same is unlawful."

2. The writ petition is dismissed. No costs. Consequently, M.P.No.1 of 2012 is closed.

bbr s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai-600 005.

2.The Commissioner, Corporation of Chennai, Chennai-600 003.

3.The Assistant Engineer, Chennai Corporation Office Ward 41(10) Zone 4(1), Tondiarpet, Chennai-600 081.

nr(co) prk2/6 W.P.No.13701 of 2012 https://hcservices.ecourts.gov.in/hcservices/