M.Bala v. The Revenue Deputy Cmmissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.31457 of 2019 M.Bala ... Petitioner Vs.
1.The Revenue Deputy Commissioner, Corporation of Chennai, Dr.Muthulakshmi Road, (LB Road), Adyar, Chennai - 600 020.
2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 3.
3.The Chairman/Managing Director, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai.
4.Selvakumar ... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Certiorarified Mandamus, calling for the records and quashing the impugned order dated 01.10.2019 vide Na.Ka.No.G7/8166/2016 passed by the 3rd respondent herein and directing the respondents to remove Page No.1 of 5
the encroachment made by the 4th respondent in between Plot No.58 and Plot No.59, 15th Cross Street, C.S.Colony, Koondu Veedu, Indira Nagar, Chennai - 600 020.
For Petitioner : Mr.S.Jaganathan For R1 and R2 : No appearance For R3 : Mr.K.Tippu Sulthan For R4 : Mr.A.Senthil Manohar
O R D E R
(Order of the Court made by S.M.SUBRAMANIAM,J.) The order of rejection dated 01.10.2019 issued by the Managing Director, Tamil Slum Clearance Board is under challenge in the present writ proceedings.
2.
The claim of the writ petitioner is that in between the Plot No.58 and Plot No.59, there is a lane, which is to be utilized as public pathway. Since the lane is under encroachment, the petitioner filed a complaint and the said complaint was rejected by the respondents. Therefore, the present writ petition came to be instituted.
3.
Learned Counsel for the petitioner would submit that even as per the layout, it is a lane. Therefore, the respondents are bound to remove the Page No.2 of 5
encroachments and maintain the said portion in between the Plot No.58 and Plot No.59 as lane for public usage.
4.
Learned Standing Counsel for the Tamil Nadu Slum Clearance Board submitted a copy of the layout which would indicate that the subject portion is stated as "Hut". Therefore, the Slum Clearance Board at the time of getting approval of layout had not taken possession of the said portion of the land and the 4th respondent was in occupation. Similarly, a particular portion between the Plot No.10 and Plot No.11 is also had not taken possession by the Tamil Nadu Slum Clearance Board. These area was under the occupation of some other person and now vest with the Tamil Nadu Slum Clearance Board. Even as per the layout, the lane has not been demarked and it is stated as "Hut".
5.
Thus, the order of rejection dated 01.10.2019 passed by the Tamil Nadu Slum Clearance Board is in consonance with the approved layout and there is no infirmity. That apart, it is brought to our notice that Plot No.58 had already been registered in the name of the petitioner in the year 2002 itself. Therefore, the claim of the petitioner is beyond the scope for Judicial Page No.3 of 5
Review. Consequently, the Writ Petition stands dismissed. No costs. [S.M.S,J.] [K.R.S,J.] 27.02.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.The Revenue Deputy Commissioner, Corporation of Chennai, Dr.Muthulakshmi Road, (LB Road), Adyar, Chennai - 600 020.
2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 3.
3.The Chairman/Managing Director, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai.
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
Page No.4 of 5
veda Order in 27.02.2024 Page No.5 of 5