Ottagapalayam Slum Clearance v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 24.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.20362 of 2020 Ottagapalayam Slum Clearance Board Residents Welfare Association, (Reg. No.19/2010), No.2/19, 95th Street, 15th Sector, K.K.Nagar, Chennai 600 078.
Rep. by its Secretary, D.Lakshmanan .. Petitioner
Versus
1. The Commissioner, Corporation of Chenai, "Ripon Buildings", Periamet, Chennai 600 003.
2. The Executive Engineer, Zone-X, Office of the Greater Chennai Corporation, Kodambakkam, Chennai 600 024.
3. The Chairman-cum-Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.
4. The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, K.K.Nagar Division, Anna Nagar (West), Chenai 600 101.
5. R. Sivasamy Velumani
6. S. Anandhi Prabha .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action to demolish and remove the unauthorized and illegal construction on the front portion of the Block "A" put up by the respondents 5 & 6 on the front setback space at No.1, TNHB Complex, 100 Feet Road, Vadapalani, Chennai 600 026, based on the petitioner's representation dated 07.09.2020, within a time frame fixed by this Court.
For petitioner : Mr.S.Sathia Chandran For respondents for RR1 & 2 : Mr.K.Raja Shrinivas for RR3 & 4 : Ms.Divya Preathika for Mr.R.Bharath Kumar for RR5 & 6 : Mr.D.Ravichander
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
2. Heard Mr.S.Sathia Chandran, learned counsel for the petitioner, Mr.K.Raja Shrinivas, learned Senior Standing Counsel appearing for the respondents 1 and 2, Ms.Divya Preathika, learned counsel appearing for Mr.R.Bharath Kumar, learned Standing Counsel for the respondents 3 and 4 and Mr.D.Ravichander, learned counsel appearing for the respondents 5 and 6.
3. This Writ Petition has been filed, seeking a direction to the respondents 1 to 4 to take appropriate action to demolish and remove the unauthorized construction put up by the respondents 5 & 6 on the front setback space at No.1, TNHB Complex, 100 Feet Road, Vadapalani, Chennai 600 026, based on the petitioner's representation dated 07.09.2020.
4. The learned Senior Standing Counsel appearing for the respondents 1 and 2 would state that on the basis of the representation of the petitioner, the respondents 1 and 2 issued lock and seal notice and thereafter, de-occupation notice to the respondents 5 and 6. It is also stated that since the respondents had already acted on the basis of the representation of the petitioner, the prayer sought for in the Writ Petition has become infructuous.
5. In view of the submissions of the learned Standing Counsel appearing for the respondents 1 and 2, the Writ Petition is dismissed as having become infrucutous. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
pvs To
1. The Commissioner, Corporation of Chenai, "Ripon Buildings", Periamet, Chennai 600 003.
2. The Executive Engineer, Zone-X, Office of the Greater Chennai Corporation, Kodambakkam, Chennai 600 024.
3. The Chairman-cum-Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.
4. The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, K.K.Nagar Division, Anna Nagar (West), Chenai 600 101.
+1 cc to Mr. S.Sathia Chandran, Advocate Sr.NO.49243 +1 cc to Government Pleader Sr.NO. 50109 W.P. No.20362 of 2020 SJ(CO) A.SK(26.10.2021)