F.Sebastian v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No. 35734 of 2024 in W.P. No.32915 of 2024 1.F.Sebastian 2.B.Sumathi 3.E.Suresh 4.K.Balasundaran 5.Noorjahan 6.A.Bharathi 7.R.Muniammal 8.V.Mageswari 9.R.Neela 10.J.Ganabakiyam 11.J.Padmavathi 12.S.Sekar 13.Mohanapriya 14.J.Srinivasan 15.Salomi alias Sonia 16.Sandiya 17.J.Umamageswari 18.Selvi 19.Sathiyavani 20.Sengeni 21.Annammal 22.Kalaiyarasu 23.Lakshmi 24.Sarala 25.Mary Annammal 26.Dhanalakshmi Page No.1/15
27.Umarani 28.Kalaiselvi 29.Sasi Arasi 30.V.Rajendran ... Petitioners vs 1.The State of Tamil Nadu Rep. By its Secretary to Government Housing and Urban Development Department Fort St. George, Chennai - 600 009.
2.The Chairman Tamil Nadu Urban Habitat Development Board (TNUHDB) No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.
3.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Poonamallee High Road, Chennai - 600 003.
4.The Tamil Nadu Urban Habitat Development Board, Executive Engineer Division II, Vysarpadi, Chennai - 600 009.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus calling upon the records of the 4th respondent dated 04.09.2024 and to quash the same and consequently direct the respondents to consider the representation of the petitioners dated 09.09.2024 until a decision is reached by the Tamil Nadu Urban Habitat Development Department and direct the respondents not to evict the petitioners from their Page No.2/15
house and no coercive actions should be taken by the respondents until the representation is duly considered by the respondents. For Petitioners :
Ms.S.Kalpana for Ms.Louisal Ramesh For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 Ms.C.Abirami Dharanya for Mr.G.Sivakumar for R2 & R4 Mr.S.Gopinathan Standing Counsel for R3
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed by 30 individuals with a certiorarified mandamus prayer assailing a 'notice dated 04.09.2024 issued by R4' (hereinafter 'impugned notice' for the sake of convenience and clarity) and the mandamus limb of prayer pertains to a representation dated 09.09.2024.
2. Ms.S.Kalpana, learned counsel representing the counsel on Page No.3/15
record for writ petitioners submits that the writ petitioners have been living for a substantial length of time and therefore it is imperative that they are given alternative accommodation. To be noted, the impugned notice pertains to removal of alleged encroachers for rebuilding tenements which are in a very dilapidated condition, hazardous to human inhabitation, it is also mentioned in the impugned notice that solatium will be paid and there will also be a temporary allotment order.
3. Issue notice to respondents.
4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1, Ms.C.Abirami Dharanya for Mr.G.Sivakumar, learned counsel accepts notice for R2 and R4 and Mr.S.Gopinathan, learned standing counsel accepts notice for R3.
5. All the State counsel submitted that as regards temporary allotment, the same has been duly made and that the writ petitioners are those who may not fall in the category of encroachers entitled to same.
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6. Taking into account the fact that the superstructure is in a very dilapidated condition and hazardous to human inhabitation, we are not inclined to interfere as regards the certiorari limb of the prayer. However, as regards the mandamus limb of the prayer, we deem it appropriate to direct R2 to consider the representation dated 09.09.2024 (for alternate accommodation aspect alone) and pass suitable orders on its own merits and in accordance with law. In doing so, it is open to R2 to co-ordinate with R3 with regard to allotments already made.
7. For the sake of convenience and clarity, we deem it appropriate to extract and reproduce the entire 09.09.2024 representation as placed before us.
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8. The aforementioned representation shall be disposed of by R2 in co-ordination with R3 as expeditiously as the business of R2 and R3 would permit but in any event within six weeks from today i.e., by 17.12.2024. As there are 30 writ petitioners, the disposal of the representation (proceedings disposing of the representation) shall be communicated to the learned counsel for writ petitioners.
9. To be noted, considering the narrow compass on which captioned matter turns, main WP was taken up with the consent of both sides in the Admission Board.
10. Captioned main WP is disposed of in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is also disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 05.11.2024 Index : Yes / No (1/3) mmi To Page No.13/15
1.The Secretary to Government Housing and Urban Development Department Fort St.George, Chennai - 600 009.
2.The Chairman Tamil Nadu Urban Habitat Development Board (TNUHDB) No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.
3.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Poonamallee High Road, Chennai - 600 003.
4.The Tamil Nadu Urban Habitat Development Board, Executive Engineer Division II, Vysarpadi, Chennai - 600 009.
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M.SUNDAR, J., and K.RAJASEKAR, J., mmi 05.11.2024 (1/3) Page No.15/15