K.Lookose v. Tamil Nadu Slum Clearance

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2018

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.15739 of 2008 and M.P.No.1 of 2008 K.Lookose ... Petitioner Vs.

1. Tamil Nadu Slum Clearance Board, Rep. by its Chairman, 5 Kamaraj Salai, Chepauk, Chennai - 5.

2. The Estate Officer - III, Tamil Nadu Slum Clearance Board, Thillyadi Vlliammai Nagar, Tirumangalam, Chennai - 40.

3. Thiru K.Shanmugam

4. Tmt. Fathima

5. Thiru. Edvinraj

6. Thiru K.Munusamy

7. Thiru Periyasamy

8. Thiru Nelsan ... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachments made by respondents 3 to 8 in the lane belonging to the Tamil Nadu Slum Clearance Board adjacent to Plot Nos.119, 113, 120, 121, 122, Thiruvalluvar Nagar, Ayanavaram, Chennai - 23.

For Petitioner : Mr.L.G.Sahadevan No Appearance For Respondents : Mr.R.Sivakumar For R1 and R2 Mr.Veeramani For R7 R3 to R6 & R8 Disd. Vide Court dated 25.11.2009

O R D E R

This Writ Petition has been filed to direct the respondents 1 and 2 to remove the encroachments made by respondents 3 to 8 in the lane belonging to the Tamil Nadu Slum Clearance Board adjacent to Plot Nos.119, 113, 120, 121, 122, Thiruvalluvar Nagar, Ayanavaram, Chennai - 23.

2. The case of the petitioner is that he is the owner of Plot No.114 Anna 3rd Street, Thiruvalluvar Nager, Ayanavaram, Chennai - 23 which had been alloted by the Tamil Nadu Slum Clearance Board. The sketch enclosed along with the allotment order shows an existence of the lane on the Western side and also on the Western side of the petitioner's property. But, the respondents 3 to 8 have encroached the same. Even though, the petitioner had made several representations to the 1st and 2nd respondent herein, the encroachments have not been removed and hence, the petitioner has filed this Writ Petition to direct the 1st and 2nd respondents to remove the same.

3. The learned counsel appearing for the 7th respondent would submit that already encroachments have been removed by the authorities concerned and nothing survives in this Writ Petition. The learned counsel appearing for the Tamil Nadu Slum Clearance Board also acknowledges the same.

4. The learned counsel for the petitioner is not present. However, the prayer sought for by the petitioner, has been complied with by the respondents.

5. Recording the submissions made by the learned counsel for the 7th respondent, which is acknowledged by the counsel for the Tamil Nadu Slum Clearance Board, this Writ Petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

raja To

1. The Chairman, Tamil Nadu Slum Clearance Board, 5 Kamaraj Salai, Chepauk, Chennai - 5.

2. The Estate Officer - III, Tamil Nadu Slum Clearance Board, Thillyadi Vlliammai Nagar, Tirumangalam, Chennai - 40.

+1cc to Mr.R.Sivakumar, Advocate Sr.38759 W.P.No.15739 of 2008 and M.P.No.1 of 2008 br[co] srg 9/8/2018