The court disposed of writ petitions challenging eviction orders regarding open space land occupied by petitioners since 1986. The court directed petitioners to vacate and hand over possession to the Tamil Nadu Housing Board by 07.12.2020.
Directing petitioners to vacate and hand over possession to the Housing Board on or before December 7, 2020.
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 COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2020
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
W.P. NOS.6097, 6142 AND 6642 OF 2018 AND W.M.P.NOS.7517, 7568 AND 8239 OF 2020
P.Swaminathan ..Petitioner in W.P.No.6097 of 2018 S.Karuppasamy ..Petitioner in W.P.No.6142 of 2018 Thangavel ..Petitioner in W.P.No.6642 of 2018
Versus
PRAYER in W.P.No.6097 of 2018: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified mandamus, calling for the records in respect of the Order No.Na.Ka.Aa.Na.Othu:1.3/6015/86 dated 16.02.2018 issued by the second respondent and to quash the same and to direct the respondent to regularize the allotment of the open space land permanently in favour of the petitioner.
PRAYER in W.P.No.6142 of 2018: Writ petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari, calling for the records in respect of the Order No.Ka.No.A.No.A9/8265-A/85 dated 16.02.2018 issued by the second respondent and to quash the same.
PRAYER in W.P.No.6642 of 2018: Writ petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari, calling for the records in respect of the Order No.Ka.No.A.No.A10/633-A/1985 dated 16.02.2018 issued by the second respondent and to quash the same.
For Petitioners : Mr.M.Arun in all W.P.S for Mr.N.A.Kareem
For Respondents : Mr.P.H.Aravind Pandian, AAG in all W.Ps Assisted by Mr.R.Bharathkumar
COMMON ORDER
W.P. No.6097 of 2018 has been filed for a Writ of Certiorarified Mandamus, to call for the records in respect of the Order No.Na.Ka.Aa.Na.Othu:1.3/6015/86 dated 16.02.2018 issued by the second respondent, quash the same and consequently for a direction to the respondent to regularize the allotment of the open space land permanently in favour of the petitioner.
the police. The petitioners are also directed to pay the arrears of rent, if any, till the date of vacating the premises.
Sd/Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
Srn
To
1. The Managing Director,
Tamil Nadu Housing Board,
Nandanam, Chennai - 15.
2. The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Anna Nagar Division,
Thirumangalam, Chennai 101.
W.P. Nos.6097, 6142 and 6642 of 2018
and
W.M.P.Nos.7517, 7568 and 8239 of 2020
LN(CO)
KKV/07/01/2021
2 issues framed by the court
Whether the petitioners can be directed to vacate the open space land in possession.
Whether the writ petitions challenging eviction orders are maintainable or liable to be disposed of.
P.Swaminathan
S.Karuppasamy
Thangavel
The Managing Director, Tamil Nadu Housing Board
The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board
Pushpa Sathyana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
