The court disposed of a writ petition seeking stay of eviction. It directed the State Government to admit and decide the petitioners appeal within three months, with a stay on eviction under Section 59(3) of the Tamilnadu Slum Areas Act.
The eviction order was stayed; the Government directed to dispose the appeal within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH OF JUDICATURE AT MADRAS
DATED : 02.9.2014
CORAM :
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN
WRIT PETITION NO.23622 OF 2014 AND MP.NO.1 OF 2014
R.Sulochana
...Petitioner
Vs 1.The Tamilnadu Slum Clearance Board rep.by its Managing Director/Prescribed Authority, Kamarajar Salai, Chennai-5.
2.The Executive Engineer, Division No.5 Tamilnadu Slum Clearance Board Chennai-18. ...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from evicting the petitioner from the tenement No.27/37 at Dr.Thomas Road, Tamilnadu Slum Clearance Board Tenement, Theagaraya Nagar, Chennai-17 till the disposal of the appeal of the petitioner dated 25.8.2014.
For Petitioner : Mr.K.Selvaraj For Respondents : Mr.Paul Rajendran
ORDER
By an order dated 7.8.2014 passed by the Managing Director of the Tamilnadu Slum Clearance Board, the petitioner was directed to be evicted from the tenement. As against the said order, the petitioner filed a statutory appeal under Section 59(1). However, fearing forcible eviction in the meantime, the petitioner has come up with the above writ petition.
Sd/Assistant Registrar(CS-II) Dated: 11.09.2014 //True Copy// Sub Assistant Registrar To 1.The Managing Director/Prescribed Authority, Tamilnadu Slum Clearance Board, Kamarajar Salai, Chennai-5. 2.The Executive Engineer, Division No.5, Tamilnadu Slum Clearance Board Chennai-18. Copy to: The Secretary to Government of Tamil Nadu, Housing and Urban Development Department Fort St. George, Chennai-9. + 1 cc to Mr.K.Selvaraj, Advocate Sr.40854
WP.No.23622 of 2014 and MP.No.1 of 2014 NM(CO) Eu 11.09.14
1 issue framed by the court
Whether the order of eviction issued by the Managing Director must be stayed pending the disposal of the statutory appeal filed by the petitioner.
3 provisions across 2 enactments
R. Sulochana
The Tamilnadu Slum Clearance Board
The Executive Engineer, Division No.5 Tamilnadu Slum Clearance Board
V. Ramasubramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
