Tamil Nadu Urban Habitat Development v. M/S.Gangai Kudiruppor Poth Nala Sangam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE M. SUNDAR AND THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI in WP No. 24107 of 2024 Tamil Nadu Urban Habitat Development Board Badrikarai Schme Residents Welfare Association, Represented By Its President K.Murugan S/o.Kannan No.14, B.Block, Prakasam Street, Gangaikaraipuram, T.Nagar, Nungambakkam, Chennai 600 034.

... Petitioner(s) Vs

1. M/s.Gangai Kudiruppor Poth Nala Sangam (represented By Its President M.Dakshinamurthy, No.X 13, Prakasam Street, Gangaikaraipuram, CBlock, T.Nagar, Chennai 600 017.

2. The Government of Tamil Nadu Rep. By its Secretary

Respondent / Petitioner Department Housing and Urban Development Fort St.George, Chennai - 600 009

3. The Chairman Tamil Nadu Slum Clearance Board Chennai - 600 005

4. The Tahsildar Mambalam Guindy Taluk Bharathidasan Road West Jafferkhanpet, Chennai - 83

...Respondent(s)

For Petitioner(s):

Mr. N.D.Sivakumaran For Respondents:

Mr.B.Dinesh Kumar for R1 Mr.T.K.Saravanan Additional Government Pleader for R2 and R4 Mr.J.Ravindran Additional Advocate General assisted by Mr.B.Balaji for R3

ORDER

(Order of the Court was made by M.Sundar J.) Mr.N.D.Sivakumaran, learned counsel on record for the WMP petitioner submitted that the WMP petitioner has been recognized by 'Tamil Nadu Urban Habitat Development Board' ['TNUHDB' for the sake of brevity] and drew our attention to a certificate dated 03.05.2023, a scanned reproduction of which is as follows:

2. The above is a registration certificate, which only goes to show that the WMP petitioner is registered as a Society under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) and it does not say anything about recognition by TNUHDB.

3.This Court also finds that there is no averment in the support affidavit i.e., affidavit to the effect that petitioner Society has been recognized by TNUHDB.

4. However, learned Additional Advocate General and learned Senior Advocate Mr.J.Ravindran appearing on behalf of Mr.B.Balaji, learned Standing counsel for TNUHDB submitted, on instructions, that a limited recognition has been given to the petitioner Association for the purpose of collecting maintenance costs.

5. As regards all the respondents, Mr.B.Dinesh Kumar, learned counsel for R1, Mr.T.K.Saravanan, learned Additional Government Pleader for R2 and R4 and Mr.J.Ravindran, learned Additional Advocate General and Senior counsel for R3 in the WMP petition very fairly submitted that they have no reservation or opposition for the WMP petitioner being heard as an intervenor.

Therefore, without either acceding or dismissing the implead prayer, we write that the implead petitioner shall be heard as an intervenor in the captioned writ petition.

Captioned WMP ordered in the aforesaid manner. There shall be no order as to costs.

[M.S.,J.] [K.G.T.,J.] 01-04-2025 gpa

To 1.M/s.Gangai Kudiruppor Poth Nala Sangam (represented By Its President M.Dakshinamurthy, No.X 13, Prakasam Street, Gangaikaraipuram, C- Block, T.Nagar, Chennai 600 017.

2.The Government Of Tamil Nadu, Rep. By Its Secretary, Respondent / Petitioner Department Housing And Urban Development, Fort St. George, Chennai 600 009.

3.The Chairman Tamilnadu Slum Clearance Board, Chennai-600 005.

4.The Tahsildar Mambalam Guindy Taluk, Bharathidasan Road, West Jaffer Khanpet, Chennai-83

M.SUNDAR J.

AND K.GOVINDARAJAN THILAKAVADI J.

IN WP No. 24107 OF 2024 01-04-2025