R.Anandayee v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.26581 of 2019 1 R.Anandayee 2 P.Indirani 3 E.Jayalakshmi 4 S.Jayanthi 5 S.Kala 6 M.Valli 7 R.Jothi 8 R.Lingaraj 9 E.Vimala 10 B.Kantha 11 A.Sagayam 12 P.Selvi 13 S.Shanthi 14 D.Fathima Mary 15 D.Devanesan 16 R.Klara 17 D.David 18 A.Eswari 19 S.Irudhaya Mary 20 R.Umarani 21 S.Manimala .. Petitioners Vs 1 The Commissioner Greater Chennai Corporation Rippon Buildings Chennai - 600 003.

2 The Assistant Commissioner Corporation of Chennai Zone -5, No.6, Basin Bridge Road Chennai - 600 021.

3 The Area Engineer Chennai Corporation Ward 56, Zone - 5 Unit 13 No.57, Ibrahimji Street Chennai - 600 001.

4 The Commissioner of Police Greater Chennai Vepery, Chennai - 600 007.

5 The Chairman Tamil Nadu Slum Clearance Board Chepuak, Chennai - 600 005.

6 B.V.Suresh kumar .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring that the action of respondents 1 to 4 in demolishing the residential houses for the petitioners on 17/09/2018 as illegal and arbitrary and consequentially direct the respondents to provide alternative house sites to petitioners 1 to 21.

For Petitioners : Mr.M.Gnanasekar For Respondents : Dr.C.Ravichandran for respondents 1 to 4 Mr.S.Prabhu for 5th rsepondent

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioners have filed the above writ petition to declare that the action of respondents 1 to 4 in demolishing the residential houses for the petitioners on 17.09.2018 as illegal and arbitrary and to consequently direct the respondents to provide alternative house sites to petitioners 1 to 21.

2. One B.V.Suresh Kumar, who is the sixth respondent herein, filed a writ petition in W.P.No.19863 of 2018 to issue a writ of mandamus directing the official respondents to evict the illegal encroachments all along the stretch at Meera Labbai Street, Broadway, Chennai - 600 001 on permanent basis and further direct the respondents to effectively keep a vigil by way of periodical inspection and police patrolling so as to avert encroachment in future. When the said writ petition came up for hearing before this Bench on 18.7.2019, the learned counsel for the petitioner therein represented that the order passed by this Court on 2.8.2018 for evicting the encroachers has been complied with and, therefore, the writ petition may be closed. The learned counsel for the petitioner therein also made an endorsement to that effect. In view of the same, the writ petition in W.P.No.19863 of 2018 was closed.

3. Under such circumstances, the petitioners, who were respondents in the earlier writ petition, have now filed the writ petition seeking the relief stated above.

4. Since the petitioners, who are encroachers, were already evicted from the encroached land, we do not find any reason to grant any relief in the present writ petition.

In such view of the matter, this writ petition is dismissed as devoid of merits. However, with regard to providing alternative house sites to the petitioners, it is open to the petitioners to give a separate representation to the authorities and it is for the authorities to take a decision in accordance with law. No costs. Consequently, W.M.P.No.25957 of 2019 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1 The Commissioner, Greater Chennai Corporation Rippon Buildings, Chennai - 600 003.

2 The Assistant Commissioner, Corporation of Chennai Zone -5, No.6, Basin Bridge Road, Chennai - 600 021. 3 The Area Engineer, Chennai Corporation Ward 56, Zone - 5 Unit 13 No.57, Ibrahimji Street, Chennai - 600 001.

4 The Commissioner of Police Greater Chennai, Vepery, Chennai - 600 007.

5 The Chairman Tamil Nadu Slum Clearance Board Chepuak, Chennai - 600 005.

+1 cc to M/s.M.Gnanasekar,Advocate Sr.No. 78055 +1 cc to Mr.S.Prabhu, Advocate Sr.No.77295 +1 cc to Dr.C.Ravichandran, Advocate Sr.No.77116 +1 cc to The Government Pleader Sr.No.77780 AKM/13.09.19/3P-10C / W.P.No.26581 of 2019