S.Sreenivasan v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No. 37008 of 2018 S.Sreenivasan .. Petitioner -vs1. State of Tamilnadu, Rep. by its Secretary to Government, Public Works Department, Chepauk,

2. State of Tamilnadu, Rep. by its Secretary to Government, Higher Education Department, Fort St. George, Chennai 600 009.

3. State of Tamilnadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.

4. The Commissioner, Corporation of Chennai, Revenue Department, Ripon Building, Chennai 600 003.

5. The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai,

6. The District Collector, Chennai District, M.Singaravelar Maligai, Second Line Beach, Chennai 600 001.

7. The Assistant Executive Engineer, B Canal Division, Public Works Department, Chepauk, Chennai 600 005.

8. The Joint Chief Engineer Irrigation, Water Resources Organization, Chepauk, Chennai 600 005.

9. The Assistant Engineer, Coovam Sub-Division, Public Works Department, Chepauk, Chennai 600 005.

10.The Inspector of Police, F-1, Chintadripet Police Station, Chennai 600 002.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents, their men, agents, servants or anybody claiming through or under them from evicting the 700-odd families from the slum area called "Navalar Nedunchezhiyan Nagar" at Chintadripet, Chennai 600 002, without providing alternative accommodation by way of tenements or dwelling units and take all necessary steps to ensure the education of the children of the residents of Navalar Nedunchezhiyan Nagar on their relocation elsewhere. For the Petitioner :

Ms.R.Gobika for Mr.S.Sathia Chandran

For the Respondents :

Mr.C.Kathiravan Special Government Pleader for RR 1 to 3 and 6 to 10 :

Mr.A.Arun Babu Stdg. Counsel for R-4 :

Mrs.G.Thilagavathy Senior Counsel for Mr.S.Karthikeyan for R-5 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.R.Gobika, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader, for respondent Nos.1 to 3 and 6 to 10, Mr.A.Arun Babu, learned standing counsel for respondent No.4 and Mrs.G.Thilagavathy, learned senior counsel for respondent No.5.

2. The present writ petition seeks directions against the respondents not to evict the 700-odd families from the slum area called Navalar Nedunchezhiyan Nagar without providing alternate accommodation.

3. The learned counsel for the respondents has placed on record the various letters and the details of providing rehabilitation to these persons. According to the respondents, about 847 families have been rehabilitated from Navalar Nedunchezhian Nagar to Perumbakkam.

4. According to the learned counsel for the petitioner, about 75 and odd families have not yet been rehabilitated. The petitioner shall give the list of those 75 and odd families to respondent No.5. The respondent No.5 shall verify the eligibility of those persons to be rehabilitated and shall take decision with regard to the rehabilitation of these persons or otherwise, preferably within a period of three months from the date of receipt of the list from the petitioner. With this observation and direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 06.03.2024 Index : Yes/No : Yes/No sra

To

1. The Secretary to Government of Tamilnadu, Public Works Department, Chepauk,

2. The Secretary to Government of Tamilnadu, Higher Education Department, Fort St. George, Chennai 600 009.

3. The Secretary to Government of Tamilnadu, School Education Department, Fort St. George, Chennai 600 009.

4. The Commissioner, Corporation of Chennai, Revenue Department, Ripon Building, Chennai 600 003.

5. The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai 600 005.

6. The District Collector, Chennai District, M.Singaravelar Maligai, Second Line Beach, Chennai 600 001.

7. The Assistant Executive Engineer, B Canal Division, Public Works Department, Chepauk, Chennai 600 005.

8. The Joint Chief Engineer Irrigation, Water Resources Organization, Chepauk, Chennai 600 005.

9. The Assistant Engineer, Coovam Sub-Division, Public Works Department, Chepauk, Chennai 600 005.

10.The Inspector of Police, F-1, Chintadripet Police Station, Chennai 600 002.

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

(sra) 06.03.2024