The Madurai Bench dismissed a writ petition challenging an eviction notice, holding that an effective alternative remedy under Section 9 of the TN Slum Clearance Board Rules existed. The court granted liberty to proceed with the appeal.
Liberty to proceed with the alternative remedy of appeal against the eviction notice is granted.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.02.2014 CORAM: THE HONOURABLE Mr. JUSTICE R.SUDHAKAR AND
THE HONOURABLE MS. JUSTICE V.M.VELUMANI Writ Petition (MD) No.2672 OF 2014 and MP(MD).No.1 of 2014
M.Kamaraj
... Petitioner
Vs.
The Executive Engineer TamilNadu Slum Clearance Board 169 K.K.Nagar Main Road Madurai ... Respondent
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the impugned order dated 12.02.2014 passed in Na.Ka.No.A2/1662/2013 by the respondent and quash the same.
For Petitioner : Mr.K.Sudalaiyandi For Respondent : Mr.P.Mahendran
ORDER
(Order of the Court was made by R.SUDHAKAR, J.)
The writ petition has been filed challenging the eviction notice of the respondent Board, which is against the petitioner, under the provisions of the Tamil Nadu Slum Clearance Board (Control and Management of Properties)Rules 1971. Under Section 9 of the said Rules provides for appeal. Since there is an effective and alternative remedy, the petitioner is given liberty to proceed with the alternative remedy of appeal. As and when, an appeal is filed by the petitioner, the same shall be considered in accordance with law. Since the matter was persuaded before this Court, the appellate authority shall entertain the appeal without dismissing it on the question of limitation.
The writ petition is ordered accordingly. No costs. Consequently connected Miscellaneous petition is closed.
Sd/-
Assistant Registrar
/True Copy/
2
Sub Assistant Registrar
To
The Executive Engineer TamilNadu Slum Clearance Board 169 K.K.Nagar Main Road Madurai
+1cc to Mr.P.Mahendran Advocate, Sr.No. 11028 +1cc to Mr.K.Sudalaiyandi Advocate, Sr.No. 11161 rr
AA/06.03.2014/2p- 4c/
W.P.(MD) No.2672 of 2014 20.02.2014
1 issue framed by the court
Whether the petitioner can challenge the eviction notice given the existence of an effective alternative remedy.
2 provisions across 2 enactments
M.Kamaraj
The Executive Engineer TamilNadu Slum Clearance Board
R.Sudhakar
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
