Balachandran v. The Government Of Tamil Nadu
2025:MHC:1005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CMP NO. 22413 OF 2024 Balachandran Appellant(s) Vs
1. The Government of Tamil Nadu Rep by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai- 600 009.
2.The Principal Secretary to Government Public Works Department, Secretariat, Chennai.
3.The Commissioner Corporation of Chennai, Rippon Buildings, Chennai- 600 003.
4.The District Collector Collectorate Buildings, Chennai
5.The Chairman / Managing Director Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai- 600 005.
6.The Executive Engineer Division- IV, Tamil Nadu Slum Clearance Board, T.P.Chatram, Chennai.
7.The Chief Engineer Office of the Chief Engineer (Buildings), PWD, Kamarajar Salai, Chepauk, Chennai.
Respondent(s) PRAYER To set aside the order passed in WP No.6938 of 2023 dated 07.03.2023 by allowing the Writ Appeal.
For Appellant(s):
Mr.N.Umapathi For Respondent(s):
Mr.J.Ravindran AAG Asst By Mr.G.Ameedius Govt. Advocate For R1, 2, 4 and 7 Mr.A.Arun Babu SC For GCC For R3 And Mr.B.Balaji SC For GCC For TNUHDB R5 & 6
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.) The writ petitioners have challenged the proceedings of the Tamil Nadu Slum Clearance Board (now known as the Tamil Nadu Urban Habitat Development Board) dated 09.11.2020 cancelling the allotment of plot granted in favour of the appellants.
2. It is not in dispute that the subject land is situated on the banks of Cooum River and the Government formulated a policy to clean the river for the benefit of the public. Since the project to clean Cooum River is to be undertaken, the slum clearance board allotments' were cancelled. The learned Single Judge made a finding that the pond is located on the bank of the Cooum River. Pertinently, the Government has allotted an alternate site to the petitioners.
3. The learned Additional Advocate General appearing on behalf of the respondents 1, 2 4 and 7 would submit that the alternate tenement granted has
not been occupied.
4. The allotment made on the Cooum River's banks is questionable due to its proximity to a waterbody. It is a waterbody, more specifically, a river and the banks of river cannot be allotted for construction of any building. However, now the Government has approved a policy for cleaning the Cooum River in the larger public interest and in lieu alternate accommodation / tenement was granted to the petitioners.
5. If at all the petitioners are entitled for any other compensation or otherwise, they at liberty to workout their remedy. However, alternate accommodation has already been provided to the petitioners and therefore, they are at liberty to occupy the same.
6. However, the appellant cannot continue to reside along the Cooum River thereby causing obstruction to the implementation of the public projects. Thus, the appellant shall vacate the subject premises and hand over the same to
the authorities, enabling the authorities to implement Cooum River Project and if the appellant failed to do so, the respondents shall evict them and take possession of the property.
7. With these liberty, the Writ Appeal stands dismissed. Consequently, the connected Miscellaneous Petition is closed. There shall be no order as to costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 19-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Government of Tamil Nadu Rep by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai- 600 009.
2.The Principal Secretary to Government Public Works Department,Secretariat, Chennai.
3.The Commissioner Corporation of chennai, Rippon Buildings, Chennai- 600 003.
4.The District Collector Collectorate Buildings, Chennai 5.The Chairman / Managing Director Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai- 600 6.The Executive Engineer Division- IV, Tamil Nadu Slum Clearance Board, T.P.Chatram, Chennai.
7.The Chief Engineer Office of the chief Engineer (Buildings), PWD, Kamarajar Salai, Chepauk, Chennai.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
Jeni 19-03-2025