Partly allowed

R.Pulendran v. The State of Tamil Nadu

Madras HC30 Oct 2023WP/4843/2019

Case brief

AI extract

What is this about?

Writ petitions challenging Form B notices issued under the Tamil Nadu Slum Clearance Board Act, 1971, seeking eviction for alleged encroachment. Court upheld notices, ordered demolition of unauthorized constructions, and permitted handover of original tenements with alternative accommodation.

What did the court decide?

Encroachments ordered to be demolished within four weeks; tenements to be handed over to the Board; discretion left to Board for alternative accommodation considering safety.

R.Pulendran Vs The State of Tamil Nadu — Landlord and Tenant | Madras HC (2023)

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 30.10.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN and

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THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019 and

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W.M.P. Nos.5503, 5505, 5507, 5509, 5514, 5517, 5519, 5521, 5529, 5530, 5541, 5544, 5549, 5552, 5559, 5561 of 2019

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R. Pulendran Petitioner in W.P. No.4843/2019 A. Kongathai Petitioner in W.P. No.4844/2019 David Victor Petitioner in W.P. No.4847/2019 V. Chellasamy Petitioner in W.P. No.4851/2019 M. Rajendran Petitioner in W.P. No.4858/2019 E. Dhanasekaran Petitioner in W.P. No.4861/2019 M. Kalpana Petitioner in W.P. No.4869/2019 E. Yuvaraj Petitioner in W.P. No.4875/2019

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1 The State of Tamil Nadu represented by its Secretary Municipal Administration & Water Supply Department Secretariat

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Chennai 600 009

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2 The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003

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3 The Assistant Engineer Tamil Nadu Slum Clearance Board, Division I Rajaji Salai Chennai

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https://www.mhc.tn.gov.in/judis

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1/10

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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4	The Junior Engineer Tamil Nadu Slum Clearance Board, Division I Rajaji Salai Chennai
5	The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005
6	The Executive Engineer Tamil Nadu Slum Clearance Board H.L.L. Nagar, Sunami Housing Board Tondiarpet Chennai 600 081
7	The Chairman Tamil Nadu Slum Clearance Board Rajaji Salai Chennai 600 001
8	The District Collector Chennai District M. Singaravelar Maaligai Second Line Beach Chennai 600 001 Respondents in all writ petitions

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Prayer in W.P. No.4843 of 2019:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the notice of Form “B” dated 09.05.2018 under Rule 4 of the Tamil Nadu Slum Clearance Board (Management & Control of Properties) Act, 1971, issued by the fourth respondent and quash the same and consequently, direct the respondents not to dislodge, vacate or evict the petitioner or petitioner's family members in any way from the tenement unit i.e. No.276, II Block, Slum Clearance Board, V.O.C. Nagar, Tondiarpet, Chennai 600 081, known as V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the https://www.mhc.tn.gov.in/judis explanations provided.

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2/10

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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Prayer in W.P. No.4844 of 2019:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the notice of Form “B” dated 09.05.2018 under Rule 4 of the Tamil Nadu Slum Clearance Board (Management & Control of Properties) Act, 1971, issued by the third respondent and quash the same and consequently, direct the respondents not to dislodge, vacate or evict the petitioner or petitioner's family members in any way from the tenement unit i.e. No.1203, 71^st Block, Slum Clearance Board, V.O.C. Nagar, Tondiarpet, Chennai 600 081, known as V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the explanations provided.

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Prayer in W.P. No.4847 of 2019:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the notice of Form “B” dated 07.05.2018 under Rule 4 of the Tamil Nadu Slum Clearance Board (Management & Control of Properties) Act, 1971, issued by the third respondent and quash the same and consequently, direct the respondents not to dislodge, vacate or evict the petitioner or petitioner's family members in any way from the tenement unit i.e. No.1139, 65^th Block, Slum Clearance Board, V.O.C. Nagar, Tondiarpet, Chennai 600 081, known as V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the explanations provided.

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Prayer in W.P. No.4851 of 2019:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the notice of Form “B” dated 03.05.2018 under Rule 4 of the Tamil Nadu Slum Clearance Board (Management & Control of Properties) Act, 1971, issued by the third respondent and quash the same and consequently, direct the respondents not to dislodge, vacate or evict the petitioner or petitioner's family members in any way from the tenement unit i.e. No.1204, 71^st Block, Slum Clearance Board, V.O.C. Nagar, Tondiarpet, Chennai 600 081, known as V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the explanations provided.

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https://www.mhc.tn.gov.in/judis

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3/10

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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Prayer in W.P. No.4858 of 2019:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the notice of Form “B” dated 09.05.2018 under Rule 4 of the Tamil Nadu Slum Clearance Board (Management & Control of Properties) Act, 1971, issued by the third respondent and quash the same and consequently, direct the respondents not to dislodge, vacate or evict the petitioner or petitioner's family members in any way from the tenement unit i.e. No.745, 30^th Block, Slum Clearance Board, V.O.C. Nagar, Tondiarpet, Chennai 600 081, known as V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the explanations provided.

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Prayer in W.P. No.4861 of 2019:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the notice of Form “B” dated 07.05.2018 under Rule 4 of the Tamil Nadu Slum Clearance Board (Management & Control of Properties) Act, 1971, issued by the third respondent and quash the same and consequently, direct the respondents not to dislodge, vacate or evict the petitioner or petitioner's family members in any way from the tenement unit i.e. No.1138, 65^th Block, Slum Clearance Board, V.O.C. Nagar, Tondiarpet, Chennai 600 081, known as V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the explanations provided.

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Prayer in W.P. No.4869 of 2019:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records connected with the notice of Form “B” dated 18.05.2018 under Rule 4 of the Tamil Nadu Slum Clearance Board (Management & Control of Properties) Act, 1971, issued by the fourth respondent and quash the same and consequently, direct the respondents not to dislodge, vacate or evict the petitioner or petitioner's family members in any way from the tenement unit i.e. No.56, T-Type, Slum Clearance Board, V.O.C. Nagar, Tondiarpet, Chennai 600 081, known as V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the explanations provided.

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Prayer in W.P. No.4875 of 2019:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ https://www.mhc.tn.gov.in/judis of certiorarified mandamus to call for the records connected with the notice of Form “B” dated 05.05.2018 under Rule 4 of the Tamil Nadu Slum Clearance 4/10

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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Board (Management & Control of Properties) Act, 1971, issued by the third respondent and quash the same and consequently, direct the respondents not to dislodge, vacate or evict the petitioner or petitioner's family members in any way from the tenement unit i.e. No.1190, 69^th Block, Slum Clearance Board, V.O.C. Nagar, Tondiarpet, Chennai 600 081, known as V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the explanations provided.

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For petitioner Mr. N. Raja Senthoor Pandian in all WPs For RR 1 & 8 Mr. J. Ravindran, Addl. Adv. General in all WPs assisted by Mr. A. Selvendran Special Govt. Pleader

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For R2 Mr. E.C. Ramesh in all WPs For RR 3 to 7 Mr. G. Sivakumar in all WPs

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COMMON ORDER

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(made by S. VAIDYANATHAN, J.)

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These writ petitions are filed impugning the notices issued in Form B under Rule 4 of the Tamil Nadu Slum Clearance Board (Management & Control of Properties) Act, 1971, and for a consequential direction to the respondents not to dislodge or evict or vacate the petitioners or their family members from the Slum Clearance Board dwelling units at V.O.C. Nagar, Housing Board Meenavar Kudierupu, based on the explanations provided by them.

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https://www.mhc.tn.gov.in/judis

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5/10

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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2 According to the petitioners, they reside in the Slum Clearance

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Board tenements at V.O.C. Nagar, Tondiarpet, Chennai 81, known as Housing Board Meenavar Kudierupu; they belong to unorganised economic sector and they work as domestic helps, construction workers, drivers, rickshaw pullers, small vendors, tailors, street vendors, etc. , with a meagre income; like any other citizen, the size of their families increase due to marriage and child birth; despite the increase in their family size, they continue to live in cramped tenements.

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3 Concededly, the petitioners are living in the tenements of the Slum Clearance Board. On ascertaining the fact public space and open space have been encroached, notice in Form A (show cause notice) has been issued to the petitioners and on receipt of reply from the petitioners thereto, notice in Form B has been issued. Aggrieved, the present writ petitions have been filed seeking the relief stated in the opening paragraph.

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4 A reading of the identical replies given by the petitioners makes it

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clear that the petitioners have extended the area of dwelling given to them by the Slum Clearance Board. The stand taken by the petitioners in their replies is

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that due to increase in the size of their families, they have extended their https://www.mhc.tn.gov.in/judis residential portion and they have been residing there for years together. Vide 6/10

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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notices in Forms A and B, the Slum Clerance Board has been asking the entire

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area to be handed over to it, albeit the fact that T-type accommodation was allotted after due identification. Since it is an admitted fact that there was expansion without permission, the Slum Clearance Board had constructed G + 1 flats and handed over the same to the eligible persons, which has been extended without any prior permission from the Tamil Nadu Slum Clearance Board.

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5 Hence, we hold that the petitioners are entitled to occupy only the

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extent/area allotted to them and they cannot extend the area allotted to them or encroach any portion, thereby usurping the public pathway or other common area not allotted to them.

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6 The learned Standing Counsel for the Slum Clearance Board

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submitted that constructions have been made in the setback area too.

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7 In view of the above submission made by the learned Standing

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Counsel, the encroachments made by the petitioners are directed to be demolished within a period of four weeks from the date of receipt of a copy of

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this order.

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https://www.mhc.tn.gov.in/judis

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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8 The learned Standing Counsel further submitted that if the tenements are handed over to the Slum Clearance Board, the petitioners will be provided with an alternative place till the new construction is made ready in view of the fact that the tenements are around 60 years old.

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9 Though the demand made by the Slum Clearance Board that all the tenements should be handed over to them may not be correct, we make it clear that tenements allotted to the allottees should be brought back to their original form as they were at the time of allotment and the portions constructed sans permission should be demolished. At this juncture, we hasten to add that even if the encroachments are removed, we really do not know whether the entire structure will continue to stay, given its age.

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10 As regards the submission of the learned Standing Counsel qua allotment of alternative place till new construction is made and allotted to the petitioners, it is left to the Slum Clearance Board to take an appropriate decision considering the safety of the inmates of the tenements.

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https://www.mhc.tn.gov.in/judis

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W.P. Nos.4843, 4844, 4847, 4851, 4858, 4861, 4869 and 4875 of 2019

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These writ petitions stand disposed of in the above terms. Costs made

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easy. Connected Miscellaneous Petitions are closed.

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(S.V.N., J.) (K.R.S., J.) 30.10.2023