Malliga v. Tamil Nadu Slum Clearance Board,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Malliga

2. Singarayan ..

Petitioners Vs.

1. Tamil Nadu Slum Clearance Board Rep. by its Chairman/Managing Director No.5, Kamarajar Salai, Ayothiya Nagar, Triplicane Chennai - 600 005.

2. The District Collector Chennai District, Rajaji Salai, Beach Road George Town, Chennai - 600 001.

3. The Special Tahsildar Egmore - Nungambakkam Taluk Chetpet, Chennai.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the first respondent relating to their notice undated and affixed on the petitioners building at No.6/15, Meer Ashok Hussain Street, Kmalieswaranpet, Chennai - 600 002 calling upon the petitioners to vacate on or before 08.12.2023 and quash the same and direct the first respondent to forbear him from interfering with the petitioners aforesaid building pending consideration of the petitioners representation dated 25.11.2023 and 01.12.2023.

For the Petitioners : Mr.D.S.Rajasekaran for Mr.G.Mohana Krishnan For the Respondents : Mr.G.Sivakumar Standing Counsel for R1 Mr.P.Muthukumar State Government Pleader for R2 & R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.D.S.Rajasekaran, learned counsel appearing for Mr.G.Mohana Krishnan, learned counsel for the petitioners, Mr.G.Sivakumar, learned Standing Counsel for respondent 1 and Mr.P.Muthukumar, learned State Government Pleader for respondents 2 and 3.

2. Learned Standing Counsel for the first respondent, on instructions, submits that the petitioners would be issued with allotment of a tenement upon reconstruction.

3. Learned counsel for the petitioners, on instructions, submits that the petitioners undertake to evict within a period of one month from today.

4. As the first respondent has already assured by making a submission that the petitioners will be allotted a tenement upon reconstruction, no further orders are necessary to be passed. In view thereof, the writ petition, as such, stands disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.34127, 34129 and 34130 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 08.12.2023 Index :

Yes/No :

Yes/No drm To

1. The Chairman/Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Ayothiya Nagar, Triplicane Chennai - 600 005.

2. The District Collector Chennai District, Rajaji Salai, Beach Road George Town, Chennai - 600 001.

3. The Special Tahsildar Egmore - Nungambakkam Taluk Chetpet, Chennai.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 08.12.2023