Disposed

V.Kuppusamy v. the Chairman

Madras HC19 Dec 2017WP/12123/2014

Case brief

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What is this about?

High Court disposed of a writ petition directed at the Tamil Nadu Slum Clearance Board to initiate action against unauthorized constructions on a slum tenement property. The court directed the respondents to inspect and demolish offending structures by the petitioner and a deceased fourth respondent within ten weeks.

What did the court decide?

Directed the third respondent to take appropriate action to demolish unauthorized constructions put up by the petitioner and the fourth respondent within ten weeks.

V.Kuppusamy Vs the Chairman — Property and Title | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.12.2017

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CORAM

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THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN

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AND

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THE HON'BLE MR.JUSTICE P.RAJAMANICKAM

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W.P.No.12123 of 2014
and
M.P.No.1 of 2014
V.Kuppusamy ... Petitioner
Vs.
1.The Chairman,
Tamilnadu Slum Clearance Board,
No.5, Kamaraj Salai,
Chepauk, Chennai-600 005.
2.The Assistant Engineer,
Sub-Division-I, Division-6,
Tamilnadu Slum Clearance Board,
Indira Nagar Part-I,
No.5, Kamaraj Salai, Chennai-600 005.
3.The Assistant Secretary (Tenement),
Sub-Division-I, Division-6,
Tamilnadu Slum Clearance Board,
Indira Nagar Part-I,
No.5, Kamaraj Salai, Chennai-600 005.
4.D.Rajaraman ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1^st , 2^nd and 3^rd respondents herein to initiate appropriate action against the 4^th respondent for his unauthorized construction at tenement No.20/2, Indira Nagar (South), Adayar, Chennai, building in Block at 11^th Lane and comprised in Survey Nos.46/4 and 5, 47/1 to 4, 48/1, 3 to 5, 49/1 to 3 part in Thiruvanmiyur Village, Mylapore-Triplicane Taluk, in South Chennai, in accordance with provisions of the Tamil Nadu Slum Clearance Board (Control and Management of Properties) Rules, 1971.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.J.Selvarajan For Respondents : Mr.M.Rajasekar, Standing Counsel for R1 to R3 Mr.B.R.Shankaralingam for R4

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O R D E R

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(Order of the Court was made by M.SATHYANARAYANAN, J.)

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By consent, this writ petition is taken up for final disposal. Mr.M.Rajasekar, learned Standing Counsel appears for the respondents 1 to 3. Fourth respondent is no more and no steps have been taken to bring his legal heirs on record.

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The petitioner would state that one Rajarathinam was a tenant of a slum tenement which came into being under Rehabilitation of Slum Dwellers Scheme and he was paying a sum of Rs.50/- per month and got accommodation under economically weaker category, bearing tenement No.20/11, First Floor, 11^th Lane, Indira Nagar (South), Adayar, Chennai-20, admeasuring 22.31 sq.meters, comprised in S.Nos.46/4 and 5, 47/1 to 4, 48/1, 3 to 5, 49/1 to 3 part in Thiruvanmiyur Village, MylaporeTriplicane Taluk, Chennai and the said Rajarathinam had also applied to the first respondent to purchase the said tenement and accordingly, sale deed was registered in his favour and he in-turn sold the same in favour of one Uma Rani during the year 2001 and from her, the petitioner had purchased through registered sale deed and as of now, the petitioner claims to be in possession and enjoyment of the same. The grievance expressed by the petitioner is that the fourth respondent, who is a tenant in ground floor, has started put up construction and in that process, he had obstructed the windows in the first floor, in violation of the rules and in this regard, the petitioner has submitted a representation dated 10.03.2014 to the respondents 1 and 2, which was also followed by reminder dated 24.03.2014 and despite receipt and acknowledgement, no action has been taken to demolish the offending construction and hence came forward to file this writ petition.

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The learned counsel appearing for the petitioner would submit that since the fourth respondent has put up unauthorized construction, it should be demolished forthwith and the fourth respondent is no more and no steps have been taken to bring his legal heirs on record.

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Mr.M.Rajasekar, learned Standing Counsel appearing for the respondents 1 to 3/Tamil Nadu Slum Clearance Board, on instructions, would submit that the petitioner has put up unauthorized construction to an extent of 117 Sq.ft on the front

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https://hcservices.ecourts.gov.in/hcservices/

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side and the fourth respondent has put up unauthorized construction to an extent of 260 sq.ft. on the rear side and after putting the petitioner and the fourth respondent on notice, appropriate action will be taken to demolish the offending construction.

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This Court has considered the rival submissions and also perused the entire materials placed before it.

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Though the petitioner prays for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected, either by the petitioner or the fourth respondent, directs the third respondent to take appropriate action in accordance with law with regard to the offending/unauthorized construction put up by the petitioner and the fourth respondent on the front side and rear side respectively in Tenement No.20/2, Indira Nagar (South), Adayar, Chennai, building in Block at 11^th Lane, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the fourth respondent.

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This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/Assistant Registrar(CCC) //True copy// Sub Assistant Registrar jvm To 1.The Chairman, Tamilnadu Slum Clearance Board, No.5, Kamaraj Salai, Chepauk, Chennai-600 005. 2.The Assistant Engineer, Sub-Division-I, Division-6, Tamilnadu Slum Clearance Board, Indira Nagar Part-I, No.5, Kamaraj Salai, Chennai-600 005.

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https://hcservices.ecourts.gov.in/hcservices/

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3.The Assistant Secretary (Tenement), Sub-Division-I, Division-6, Tamilnadu Slum Clearance Board, Indira Nagar Part-I, No.5, Kamaraj Salai, Chennai-600 005.

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+1cc to Mr.M.Rajasekhar, Advocate SR.No.90688 +1cc to Mr.B.R.Shankaralingam, Advocate SR.No.90977

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W.P.No.12123 of 2014

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GN(09/01/2018)

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https://hcservices.ecourts.gov.in/hcservices/

V.Kuppusamy v. the Chairman

Case brief

What is this about?

What did the court decide?

V.Kuppusamy v. the Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

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