Madras High Court
Mrs.K.Manjula vs The Principal Secretary/Member ... on 21 October, 2021
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.Nos.26220 to 26225 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.26220 to 26225 of 2014
and
M.P.Nos.1 to 1 of 2014
W.P.No.26220 of 2014
Mrs.K.Manjula,
W/o. Mr.Kesavan ... Petitioner
Vs
1.The Principal Secretary/Member Secretary,
Sports Development Authority of Tamilnadu,
No.116-A, Periyar E.V.R.High Road,
Near Nehru Park, Chennai-600 084.
2.The Managing Director,
Tamil Nadu Slum Clearance Board,
No.5, Kamarajar Salai, Triplicane, Chennai-5.
3.The Estate Officer-V,
Tamil Nadu Slum Clearance Board,
T.P.Chatram, Chennai-10. ...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus directing the respondents herein
to not to remove the petitioner's possession and enjoyment of the house
1/5
https://www.mhc.tn.gov.in/judis/
W.P.Nos.26220 to 26225 of 2014
property situated at No.288/28, behind Tamil Nadu Slum Clearance Board
Quarters, Poonamallee High Road, Near Nehru Park, Chennai-600 084
without following the due procedures established under the law.
For Petitioner : Mr.N.Kannan - No appearance
in all WPs
For Respondent 1 : Mr.K.Azhaguraman
in all WPs
For Respondents 2 & 3 : Mr.M.Rajasekhar
in all WPs Standing Counsel for TNSCB
COMMON ORDER
The relief sought for in these writ petitions are to direct the respondents not to remove the petitioners' possession and enjoyment of the of the house property situated at Nos.288/28, 288/8, 288/9, 288/13, 288/15A, and 288/6 respectively, behind Tamil Nadu Slum Clearance Board Quarters, Poonamallee High Road, Near Nehru Park, Chennai-600 084.
2. The very relief sought for in the present writ petitions, is absurd and High Court cannot grant any such relief in the nature of an injunction, more specifically, when the dispute is of civil nature. 2/5 https://www.mhc.tn.gov.in/judis/ W.P.Nos.26220 to 26225 of 2014
3. The learned counsel appearing on behalf of the 1st respondent/Sports Development Authority of Tamil Nadu made a submission that the petitioners are encroachers. Portion of the land, which is under encroachment by these petitioners belong to Sports Development Authority of Tamil Nadu and the remaining land belongs to the Tamil Nadu Slum Clearance Board. The authorities are initiating action to evict the encroachers and therefore, the petitioners have filed the present writ petitions, without establishing any right.
4. If at all, the petitioners claim any right in respect of the property, they have to establish their property right by filing the original documents before the competent Civil Court of law. Contrarily, writ petitions to grant the relief in the nature of an injunction cannot be entertained at all. When the 1st respondent made a submission that the property belongs to the Sports Development Authority of Tamil Nadu and the remaining portion belongs to Tamil Nadu Slum Clearance Board, it is for the authorities to initiate all further action to evict the encroachers and utilise the land for the public purposes.
3/5 https://www.mhc.tn.gov.in/judis/ W.P.Nos.26220 to 26225 of 2014
5. In these circumstances, the petitioners have not established even a semblance of legal right, so as to consider the relief as such sought for in the writ petitions.
6.Accordingly, the writ petitions stand dismissed. No Costs. Consequently, the connected Miscellaneous Petitions are closed.
21.10.2021 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ars/mka To
1.The Principal Secretary/Member Secretary, Sports Development Authority of Tamilnadu, No.116-A, Periyar E.V.R.High Road, Near Nehru Park, Chennai-600 084.
2.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai-5.
3.The Estate Officer-V, Tamil Nadu Slum Clearance Board, T.P.Chatram, Chennai-10.
4/5 https://www.mhc.tn.gov.in/judis/ W.P.Nos.26220 to 26225 of 2014 S.M.SUBRAMANIAM, J.
mka W.P.Nos.26220 to 26225 of 2014 and M.P.Nos.1 to 1 of 2014 21.10.2021 5/5 https://www.mhc.tn.gov.in/judis/