Disposed

Selvaraj v. the District Collector

Madras HC28 Nov 2024WP/28644/2024

Case brief

AI extract

What is this about?

Eight writ petitions challenged threatened eviction action by Greater Chennai Corporation over alleged encroachments on Corporation land. By consent, the Court directed that notices be issued under Section 128(1)(b) TNULB Act, representations considered on merits, and further action depend on the Commissioner's final orders.

What did the court decide?

Notices to be issued under S.128(1)(b) TNULB Act; rights left open; representation to be decided by Commissioner before any coercive action.

Selvaraj Vs the District Collector — Municipal and Town Planning | Madras HC (2024)

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W.P.No.28644 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.Nos.28644, 30932, 31059, 34847, 34927,

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34945, 35209 and 35253 of 2024

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and

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W.M.P.No. 31243 of 2024 in W.P.No.28644 of 2024, W.M.P.No. 33515 of 2024 in W.P.No.30932 of 2024, W.M.P.No. 33687 of 2024 in W.P.No.31059 of 2024, W.M.P.No. 37898 of 2024 in W.P.No.34945 of 2024, W.M.P.No. 37777 of 2024 in W.P.No.34847 of 2024, W.M.P.No. 37874 of 2024 in W.P.No.34927 of 2024, W.M.P.No. 38121 of 2024 in W.P.No.35209 of 2024, and

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W.M.P.No. 38155 of 2024 in W.P.No.35253 of 2024

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W.P. No.28644 of 2024

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1.Selvaraj

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2.Madhusudhanarao

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3.Maniarun

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4.Vijaya

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5.Kuttyammal

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6.Thiruvir Pandian A.T.

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7.Mani

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8.Ravi ... Petitioners

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The State rep by

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1.The District Collector, O/o. District Collector Office, Tiruvallur District.

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Page Nos.1/15

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

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W.P.No.28644 of 2024

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2.The Tahsildar, O/o.Madhuravayal Taluk Office, Madhuravayal, Chennai.

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3.The Commissioner, Greater Chennai Corporation, Chennai.

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... Respondents

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(R3 impleaded vide order dated 22.10.2024 in W.P.No.28644 of 2024)

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W.P. No.30932 of 2024

M.Raghu

... Petitioner

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai – 600 003.

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2.The Executive Engineer, Corporation of Chennai, Zone – XI, Valasaravakkam, Chennai – 600 087.

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3.The Assistant Executive Engineer, Corporation of Chennai, Zone – XI, Valasaravakkam, Chennai – 600 087.

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4.The Zonal Officer, Corporation of Chennai, Zone – XI, Valasaravakkam, Chennai – 600 087.

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5.The Assistant Engineer, Corporation of Chennai,

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

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W.P.No.28644 of 2024

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Zone – XI, Ward 144, Maduravoyal, Chennai – 600 095.

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6.The Tahsildar, Maduravoyal Taluk, Nolambur, Chennai – 600 037.

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7.The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

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... Respondents

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W.P. No.31059 of 2024

1.P.Gowri

2.S.Kuttiyammal

3.C.Manjula

4.A.Sivasankari

5.J.Muniyammal

6.Raja

7.P.Saravanan

8.D.Devadhas 9.V.Kanagaraj 10.M.Annappan 11.A.Kanagaraj 12.R.Rani 13.G.Sellammal 14.M.Kanjana 15.S.Nagalakshmi 16.S.Vasantha 17.S.Kanagaraj 18.V.Thangavel 19.P.Malliga 20.P.Vasudevan 21.V.Samundeeshwari 22.A.Rahman 23.A.Ameer Bee 24.M.Babu 25.M.Ramesh 26.P.Selvakumar 27.K.Parasuraman

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Page Nos.3/15

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

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W.P.No.28644 of 2024

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28.Meenakshisundaram 29.A.Murugaselvi 30.N.Chandra 31.V.Shanthi 32.S.Arputham 33.V.Rajendran 34.R.Ramani

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... Petitioners

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1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai – 600 003. 2.The Zonal Officer (Zone-XI), Valasaravakkam, Chennai – 600 087. 3.The Tahsildar, Maduravoyal, Chennai – 600 095. 4.S.Abbas ... Respondents W.P. No.34847 of 2024 M.Karthigeyan ... Petitioner vs

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1.The Commissioner of Corporation, Corporation of Chennai, Rippon Building, Chennai – 3.

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2.The Regional Deputy Commissioner South, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai – 600 020. ... Respondents

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Page Nos.4/15

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

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W.P.No.28644 of 2024

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W.P. No.34927 of 2024

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R.Kumudha ... Petitioner vs 1.The Commissioner of Corporation, Corporation of Chennai, Rippon Building, Chennai – 3. 2.The Regional Deputy Commissioner South, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai – 600 020. ... Respondents W.P. No.34945 of 2024 R.Anjayammal ... Petitioner vs 1.The Commissioner of Corporation, Corporation of Chennai, Rippon Building, Chennai – 3. 2.The Regional Deputy Commissioner South, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai – 600 020. ... Respondents W.P. No.35209 of 2024 G.Meena ... Petitioner Page Nos.5/15

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

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W.P.No.28644 of 2024

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1.The Commissioner of Corporation, Corporation of Chennai, Rippon Building,

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Chennai – 3.

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2.The Regional Deputy Commissioner South, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai – 600 020.

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... Respondents

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W.P. No.35253 of 2024

A.Sekar

... Petitioner

1.The Commissioner of Corporation,

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Corporation of Chennai, Rippon Building, Chennai – 3.

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2.The Regional Deputy Commissioner South, No.115, Dr.Muthulakshmi Salai, Adayar, Chennai – 600 020.

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... Respondents

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Prayer in W.P.No.28644 of 2024 : Writ Petition filed

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under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from taking coercive action on the petitioners' houses at Survey Number 80/2, N.T.Patel Road, Manthaveli Street, Nerkundram, Chennai without following procedure established under law based on the petitioners' representations dated 19.09.2024.

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Prayer in W.P.No.30932 of 2024 :

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Writ Petition filed

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W.P.No.28644 of 2024

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under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from interfering with the petitioner's peaceful possession and enjoyment of the property situated at Survey No.128/3 in Door No.1/1-A, Rajiv Gandhi Street, Maduravoyal Village, Chennai – 600 095 to an extent of 608 sq. ft. of land and consisting of house with ground and first floor except due process of law.

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Prayer in W.P.No.31059 of 2024 : Writ Petition filed

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under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to forbear the respondents 1 to 3 from taking coercive action on the petitioners' dwelling houses situated in Survey No.128/3 at Maduravoyal, Chennai without following the due process of law and pass orders on the representations made by the petitioners dated 06.01.2022 and 27.09.2024.

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Prayer in W.P.No.34847 of 2024 : Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose of the petitioner's appeal dated 16.10.2024 as expeditiously as possible and till then, direct the first respondent to keep all the eviction proceedings against the petitioner herein in abeyance till the disposal of the above appeal.

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Prayer in W.P.No.34927 of 2024 : Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose of the petitioner's appeal dated 16.10.2024 as expeditiously as possible and Page Nos.7/15

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W.P.No.28644 of 2024

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till then, direct the first respondent to keep all the eviction proceedings against the petitioner herein in abeyance till the disposal of the above appeal.

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Prayer in W.P.No.34945 of 2024 : Writ Petition filed

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under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose of the petitioner's appeal dated 16.10.2024 as expeditiously as possible and till then, direct the first respondent to keep all the eviction proceedings against the petitioner herein in abeyance till the disposal of the above appeal.

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Prayer in W.P.No.35209 of 2024 : Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose of the petitioner's appeal dated 16.10.2024 as expeditiously as possible and till then, direct the first respondent to keep all the eviction proceedings against the petitioner herein in abeyance till the disposal of the above appeal.

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Prayer in W.P.No.35253 of 2024 : Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose of the petitioner's appeal dated 16.10.2024 as expeditiously as possible and till then, direct the first respondent to keep all the eviction proceedings against the petitioner herein in abeyance till the disposal of the above appeal.

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Page Nos.8/15

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W.P.No.28644 of 2024

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For Petitioners : Mr.L.Chandrakumar in W.P.No.30932 of 2024

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Mr.Balan Haridas for Mr.S.Parthasarathi in W.P.No.31059 of 2024 Mr.M.Ramalingam in W.P.Nos.35253, 34927, 34847, 35209 and 34945 of 2024 Mr.R.Thirumoorthy in W.P.No.28644 of 2024 For Respondents : Mr.P.Kumaresan, Additional Advocate General assisted by Mr.D.B.R.Prabhu, Standing Counsel for R1 to R5 in W.P.No.30932 of 2024 for R1 and R2 in W.P.Nos.31059,35253, 34927, 34847, 35209 and 34945 of 2024 for R3 in W.P.No.28644 of 2024 Mr.T.K.Saravanan Government Advocate for R6 in W.P.No.30932 of 2024 for R1 and R2 in W.P.No.28644 of 2024 Mr.M.Habeeb Rahman, Government Advocate for R3 in W.P.No.31059 of 2024

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W.P.No.28644 of 2024

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COMMON ORDER

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[Order of the Court was made by M.SUNDAR, J .,]

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This common order will govern captioned eight 'Writ Petitions' (hereinafter 'WPs' in plural and 'WP' in singular for the sake of convenience and clarity) and captioned 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' in plural and 'WMP' in singular for the sake of convenience and clarity) thereat. Owing to earlier proceedings (the details of which are not imperative for appreciating this order), the respondents accepted notice in all the WPs/WMPs and the main WPs were taken up with the consent of both sides considering the narrow scope of the matter.

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The matter at hand turns on a very simple and straight forward point. There is allegation by the local body i.e., Greater Chennai Corporation that there are encroachments in street/public place/land belonging to or vested with the Corporation.

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The writ petitioners while disputing the allegation primarily contend that they have not been put on notice. While the writ petitioners' counsel contend that the writ petitioners have not been Page Nos.10/15

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W.P.No.28644 of 2024

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put on notice, Mr.P.Kumaresan, learned Additional Advocate General appearing for Mr.D.B.R.Prabhu, learned standing counsel for Greater Chennai Corporation submits to the contrary, in other words, learned State counsel submits that the writ petitioners have been put on notice.

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Be that as it may, before we proceed further, it is necessary to record that in some of the captioned matters, pursuant to earlier proceedings, a contempt petition in Contempt Petition No.2790 of 2023 was filed and the same was disposed of by another Hon'ble Division Bench on 14.11.2024. In the contempt petition also, State has contended that notices have been issued but with the intention of giving quietus to the disputation regarding whether writ petitioners were put on notice, learned Additional Advocate General fairly submitted that notice will now be issued under Section 128(1)(b) of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' (hereinafter 'TNULB Act' for the sake of convenience and clarity). This puts an end to the controversy about notices as Section 128(1)(b) of TNULB Act provides for noticees being show caused. One other factual feature which may have to be captured is, in some of the captioned matters, appeals under The Chennai City Municipal Page Nos.11/15

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W.P.No.28644 of 2024

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Corporation Act, 1919 have been preferred and the appeals also are predicated on the point that writ petitioners were not show caused. All those proceedings will now stand effaced.

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In the light of the narrative thus far, the following consent order is made:

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5.1 The writ petitioners and/or all others

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alleged encroachers will be put on notice vide Section 128(1)(b) of TNULB Act;

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5.2 On receipt of aforementioned notices, it

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will be open to the writ petitioners to make a representation and for this purpose, all the rights and contentions of the writ petitioners are left open de hors earlier proceedings;

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5.3 If the writ petitioners choose to make a representation (within seven days as provided under Section 128(1)(b) of TNULB Act), the Commissioner

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W.P.No.28644 of 2024

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of Greater Chennai Corporation shall pass final orders taking into account/ considering the representations on their own merits;

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5.4 Though obvious we make it clear that any

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further action regarding removal of alleged encroachments or giving quietus to the matter will be subject to/depending on the final orders which Commissioner will make.

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Captioned eight WPs are disposed of in the aforesaid manner. Consequently, captioned WMPs thereat are disposed of as closed. There shall be no order as to costs.

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Index : Yes / No Neutral Citation : Yes / No mmi To

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1.The District Collector, O/o. District Collector Office, Tiruvallur District.

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2.The Tahsildar,

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W.P.No.28644 of 2024