Madras High Court
M.Bala vs The Commissioner on 4 November, 2024
Author: M.Sundar
Bench: M.Sundar
W.P.No.31538 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.31538 of 2024
M.Bala
W/o.Muthu ... Petitioner
Vs.
1. The Commissioner
Corporation of Chennai
Rippon Buildings
Chennai-600 003.
2. The Executive Engineer
Kasturba Nagar 31
Thiruvengadam Street
Baktavatsalam Nagar, Adyar
Chennai-600 020.
3. The Assistant Executive Engineer
Kasturba Nagar 31
Thiruvengadam Street
Baktavatsalam Nagar, Adyar
Chennai-600 020.
4. The Assistant Engineer
Kasturba Nagar 31
Page Nos.1/15
https://www.mhc.tn.gov.in/judis
W.P.No.31538 of 2024
Thiruvengadam Street
Baktavatsalam Nagar, Adyar
Chennai-600 020.
5. The Chairman
Tamil Nadu Slum Clearance Board
Kamarajar Salai, Ayothiya Nagar
Triplicane,
Chennai-600 005.
6. Selvakumar
S/o.Govindasamy ... Respondents
Prayer :
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Mandamus, to direct the respondents 2 to 4 to
dispose of the representation dated 21.03.2024 to take action in respect of
the occupation of the 6th respondent in the free space left between Plot
No.58 and Plot No.59 at 15th Cross Street, C.S.Colony, Koondu Veedu,
Indira Nagar, Adyar, Chennai-600 020.
For Petitioner : Mr.L.Dhamodharan
For Respondents : Mr.A.S.Ragul Adhithya
for Ms.P.T.Ramadevi
for R1 to R4
Mr.M.Babu Muthu Meeran
Standing Counsel
assisted by
Mr.K.Tippu Sultan
for R5
Page Nos.2/15
https://www.mhc.tn.gov.in/judis
W.P.No.31538 of 2024
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed with a prayer to mandamus R2 to R4 to dispose of a representation dated 21.03.2024 and to take action in respect of alleged occupation (by R6) of what according to writ petitioner is free space between Plot No.58 and Plot No.59 in 15th Cross Street, C.S.Colony, Koondu Veedu, Indira Nagar, Adyar, Chennai-600 020.
2. From the case file before us and from the submissions of Mr.L.Dhamodharan, learned counsel on record for writ petitioner, it comes to light that there is a history to the matter by way of earlier proceedings and earlier judicial order in this Court.
3. On the same issue of alleged encroachment by R6 in what according to writ petitioner is free space between Plot No.58 and Plot No.59, writ petitioner filed a writ petition in W.P.No.31457 of 2019 Page Nos.3/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 assailing an order dated 01.10.2019 made by R5 (R3 in earlier writ petition i.e., The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai) and a scanned reproduction of the order dated 01.10.2019 is as follows:
Page Nos.4/15
https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 Page Nos.5/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024
4. The challenge to the order dated 01.10.2019 made by R5 was negatived (writ petition was dismissed) by another Hon'ble Division Bench of coordinate strength, to which one of us {K.Rajasekar ,J} was a party, in and by an order dated 27.02.2024 inter alia on the ground that the order is in accordance with the layout plan approved by erstwhile 'Tamil Nadu Slum Clearance Board' {'TNSCB'} which is now 'Tamil Nadu Urban Habitat Development Board' {'TNUHDB'}. A scanned reproduction of the order of the other coordinate Division Bench dated 27.02.2024 is as follows: Page Nos.6/15
https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 Page Nos.7/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 Page Nos.8/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 Page Nos.9/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024
5. After being unsuccessful in the earlier round of litigation, writ petitioner has sent a representation dated 21.03.2024, this time to the Chennai Corporation authorities besides Chairman of erstwhile TNSCB (now TNUHDB) and has come up with the afore-referred mandamus prayer. Page Nos.10/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024
6. We are of the considered view that the captioned WP does not pass muster in the Admission Board and the reasons are as follows:
(i) On the self-same cause of action, writ petitioner has earlier moved this Court by way of a writ petition in W.P.No.31457 of 2019 and a detailed judicial order dated 27.02.2024 has been made by another Hon'ble coordinate Division Bench;
(ii) In the approved plan, what according to writ petitioner is free space between Plot No.58 and Plot No.59 has been shown as 'hut';
(iii) In the sanctioned plan of erstwhile TNSCB, we find from the legend (key) that street encroachment has been separately shown with sign but the space between Plot No.58 and Plot No.59 have not been shown as street encroachment;
(iv) In any event, we find that allotment was way back in the year 2010 and alleged putting up of hut by R6 itself is immediately thereafter. We are now 14 years away from that Page Nos.11/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 date;
(v) The earlier order of Hon'ble Division Bench makes it clear that the order made by erstwhile TNSCB is in accordance with the sanctioned plan and therefore, we can neither review nor sit in appeal qua an order made by a Hon'ble coordinate Division Bench of co-equal strength;
(vi) From the impugned order, which was sustained in the earlier round of litigation, it is clear that some lands belonging to R6 have been taken away by the Corporation for construction of public toilet and this land has been alloted but we are not going into all those questions and it will suffice to say that in TNSCB plan shown the space as 'hut';
(vii) The allotment order / sale deed placed before us being document No.1477 of 2003 on the file of the jurisdictional Sub-Registrar with regard to four boundaries (ehd;F vy;iyfs;) also shows North as C-Shed No.59 and does not show the Northern boundary as free space. Page Nos.12/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 In the light of the narrative, discussion and dispositive reasoning thus far, captioned WP fails to pass muster in the Admission Board. Ergo, the sequitur is, captioned WP is dismissed. We refrain ourselves from imposing costs.
(M.S.,J.) (K.R.S.,J.)
04.11.2024
Index : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-speaking order mk Page Nos.13/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 To
1. The Commissioner Corporation of Chennai Rippon Buildings Chennai-600 003.
2. The Executive Engineer Kasturba Nagar 31 Thiruvengadam Street Baktavatsalam Nagar, Adyar Chennai-600 020.
3. The Assistant Executive Engineer Kasturba Nagar 31 Thiruvengadam Street Baktavatsalam Nagar, Adyar Chennai-600 020.
4. The Assistant Engineer Kasturba Nagar 31 Thiruvengadam Street Baktavatsalam Nagar, Adyar Chennai-600 020.
5. The Chairman Tamil Nadu Slum Clearance Board Kamarajar Salai, Ayothiya Nagar Triplicane, Chennai-600 005.
Page Nos.14/15 https://www.mhc.tn.gov.in/judis W.P.No.31538 of 2024 M.SUNDAR, J., and K.RAJASEKAR, J., mk W.P.No.31538 of 2024 04.11.2024 Page Nos.15/15 https://www.mhc.tn.gov.in/judis