Petitioners sought a writ of mandamus preventing eviction from property owned by state authorities without due process. The court permitted the withdrawal of the petitions and dismissed them accordingly.
The writ petitions are dismissed as withdrawn without costs.
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 : 22.12.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.Nos.26349 to 26354 of 2014 and M.P.Nos.1 of 2014 (6M.Ps)
Mrs.Mythili ... Petitioner in W.P.No.26349 of 2014 Mr.T.Sivakumar ... Petitioner in W.P.No.26350 of 2014 Mr.V.Prem Kumar ... Petitioner in W.P.No.26351 of 2014 Mrs.Parameshwari ... Petitioner in W.P.No.26352 of 2014 Mrs.Dheepika ... Petitioner in W.P.No.26353 of 2014 Mr.U.Jhonson ... Petitioner in W.P.No.26354 of 2014
Vs.
1.The Principal Secretary/member Secretary Sports Development Authority of Tamil Nady, No.116-A, Periyar E.V.R.High Road, Near Nehru Park, Chennai-600084.
2.The Managing Director Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai – 5.
3.The Estate Office – V, Tamil Nadu Slum Clearance Board, T.P. Chatram, Chennai – 10.
...Respondents in all WPs
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein not to remove petitioner's possession and enjoyment of the house property situated at No.25/19,288/22,1/,25,288/7,288/5,288/32 Behind Tamilnadu Slum Clearance Board Quarters Poonamallee High Road, Near To Nehru Park, Chennai-600084 respectively without following the due procedures established under the law.
For Petitioners : Mrs.Sindhuza
For Mr.N.Kannan in all W.Ps
For R1 : Mr.S.Santhosh Kumar For Mr.K.Azhagu Raman in all W.Ps
For R2 and R3 : Mr.M.Rajasekar in all W.Ps
COMMON ORDER
The relief sought for in the present writ petition is to direct the respondents not to remove possession and enjoyment of the house property situated at No.25/19, Behind Tamilnadu Slum Clearance Board Quarters Poonamallee High Road, Near To Nehru Park, Chennai-600084 without following the due procedures established under the law.
“4. If at all, the petitioners claim any right in respect of the property, they have to establish their property right by filing the original documents before the competent Civil Court of law. Contrarily, writ petitions to grant the relief in the nature of an injunction cannot be entertained at all. When the 1st respondent made a submission that the property belongs to the Sports Development Authority of Tamil Nady and the remaining portion belongs to Tamil Nadu Slum Clearance Board, it is for the authorities to initiate all further action to evict the encroachers and utilise the land for the public purposes.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
Jeni/Cse To
2.The Managing Director Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai – 5.
3.The Estate Office – V, Tamil Nadu Slum Clearance Board, T.P. Chatram, Chennai – 10.
69504,69505,69506,69507,69508,69509 W.P.Nos.26349 to 26354 of 2014
VBM(CO) A.SK(19.01.2022)
2 issues framed by the court
Whether the Writ Petitions seeking injunction against possession removal are maintainable.
Whether the petitioners are permitted to withdraw the filed petitions.
1 provisions across 1 enactments
Mrs. Mythili
Mr. T. Sivakumar
Mr. V. Prem Kumar
Mrs. Parameshwari
Mrs. Dheepika
Mr. U. Jhonson
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
