D.Hari, v. The Chairman
Case brief
What is this about?
Petitioner sought writ for removal of lock/seal on his house and compensation for damage caused during unauthorized demolition. Court held that claim involves disputed questions of fact regarding construction violations, which cannot be adjudicated under Article 226.
What did the court decide?
Writ petition dismissed; liberty to approach competent forum for appropriate remedy.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.04.2018
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM
WP.No.3869 of 2018 and WMP.Nos.4747 & 4748 of 2018
D.Hari .. Petitioner
Versus
1. The Chairman,
Tamil Nadu Slum Clearance Board,
No.5, Kamarajar Salai,
Chennai-600 005.
2. The Commissioner,
Corporation of Chennai,
Rippon Building,
Park Town,
Chennai-600 003.
3. The Executive Engineer,
(Enforcement-Region Central),
2 nd Cross Street (East),
Pulla Avenue,
Shenoy Nagar,
Chennai-600 030.
4. P.Sambandham,
Plot No.2, Old Door No.47, New No.46,
West Namachivayapuram,
Choolaimedu,
Chennai-600 090.
5. The Member Secretary
Chennai Metropolitan Development Authority
Egmore, Chennai. .. Respondents
**R5 impleaded as per order made in
WPMP.No.5573/2018 dated 12.03.2018.
PRAYER:Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the respondent to remove the lock and seal of the petitioner's house at Plot No.3, Old Door No.46, New Door No.48, West Namachivayapuram, Choolaimedu, Chennai-600 090 consequently
Issues for consideration
3 issues framed by the court
Whether the High Court can adjudicate upon disputed questions of fact regarding unauthorized construction and set back violations in a writ petition filed under Article 226.
Whether the petitioner is entitled to compensation for damages caused during demolition of unauthorized structures.
Whether the claim for compensation involves facts that require adjudication by the competent forum rather than summary disposal by the writ court.
Parties & counsel
- petitioner
D. Hari
- respondent
The Chairman, Tamil Nadu Slum Clearance Board
- respondent
The Commissioner, Corporation of Chennai
- respondent
The Executive Engineer, Enforcement-Region Central
- respondent
P. Sambandham
- respondent
Case details
As recorded by the court registry
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