Madras High CourtWP(MD)/14624/2019disposed of

S.K.Nagaraj v. The District Collector,

2019-07-04Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 04.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.14624 of 2019 and W.M.P.(MD) No.11066 of 2019 S.K.Nagaraj ... Petitioner vs.

1) The District Collector, Trichy District.

2) The Tahsildhar, Manachanallur Taluk, Trichy District.

3) The Revenue Inspector, Kariyamanickam, Manachanallur Taluk, Trichy District.

4) The Executive Engineer, Trichy Division, Tamil Nadu Slum Clearance Board, Palakarai, Trichy 620 008 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned notice issued by the 3rd respondent dated 24.06.2019 and quash the same.

For Petitioner : Mr.S.M.Mohan Gandhi For RR 1 to 3 : Mr.N.Shanmugaselvam, Addl. Government Pleader For R4 : Mr.P.Mahendran ******

O R D E R

(Order of this Court was made by K.RAVICHANDRABAABU, J.) The petitioner is aggrieved against the notice issued by the third respondent dated 24.06.2018 wherein and whereby he was called upon to vacate the premises, which is in occupation of the https://hcservices.ecourts.gov.in/hcservices/

petitioner, by claiming that he has encroached upon the property allotted to Tamil Nadu Slum Clearance Board.

2. The main ground urged by the petitioner before this Court is that the third respondent / Revenue Inspector has no authority to issue the eviction notice, especially, when it is claimed by him that the property is allotted to the Slum Clearance Board.

3. The learned counsel appearing for the Slum Clearance Board, based on instructions, submitted that the Board is taking effective steps to vacate the petitioner by resorting to the procedures contemplated under the Tamil Nadu Slum Areas Improvement and Clearance Act and therefore, appropriate notice is to be issued to the petitioner soon.

When such being the position, it is for the Board to take action against the petitioner in accordance with law and in a manner provided under the said Act. Granting such liberty, this Writ Petition is disposed of. No costs. Consequently, connected W.M.P. (MD) No.11066 of 2019 is closed.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) To

1) The District Collector, Trichy District.

2) The Tahsildhar, Manachanallur Taluk, Trichy District.

3) The Revenue Inspector, Kariyamanickam, Manachanallur Taluk, Trichy District.

4) The Executive Engineer, Trichy Division, Tamil Nadu Slum Clearance Board, Palakarai, Trichy 620 008 +1cc to Mr. P.MAHENDRAN,Advocate, SR.No. 73539 +1cc to Mr.S.M.MOHAN GANDHI, Advocate, SR.No. 73586 W.P.(MD)No.14624 of 2019 04.07.2019 STS KK/SAR/15.07.2019/2P-7C https://hcservices.ecourts.gov.in/hcservices/