Slum residents sought quashing of an eviction/construction notice and implementation of an earlier writ order. The court held that members of an association which had already filed a writ petition on the same issue could not file a separate petition, permitting them instead to be arrayed in the association's pending writ petition.
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.
W.P.No.425 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.425 of 2024
1.Gowri Shankar 2.Lakshmi 3.Saroja 4.Padma 5.Celestine Mary 6.Rajesh 7.Nirmala 8.Jayalakshmi 9.Sumathi 10.Sivagami 11.Andal 12.Sumathy 13.Vanitha 14.Nandhini 15.Muniyammal 16.Chinnaponnu 17.Elumalai 18.Kamala 19.Jakubay 20.Dhatchayini 21.Govindasamy 22.Sivagami 23.Vellaiammal 24.Gunasekaran 25.Varadharaja
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W.P.No.425 of 2024
26.Kumravel 27.Lakshmi Vellakasi 28.Anjali 29.Saraswathi 30.Ravikumr 31.Jayalakshmi 32.Kamakshi
.. Petitioners
vs
1.The Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Rajah Muthaiah Road, Chennai-600 003.
3.The District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai-600 001.
4.The Administrative Engineer, Tamil Nadu Urban Habitat Development Board, Division-4, Teynampet, Chennai-18. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the impugned notice issued by the fourth respondent dated 15.12.2023 and quash the same and consequently direct respondents 1 to 3 to implement the order of this Court in W.P.No.32417 of 2014 dated 20.9.2022 and further directing the first respondent to construct the dwelling units in the Gengai Karaipuram slum area and also direct the first respondent to provide the alternate place till the time of
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W.P.No.425 of 2024
construction of the houses at 110/6, Gengai Karaipuram as per the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971.
For the Petitioners : Mr.Arun Kasi For the Respondents : Mrs.G.Thilagavathy Senior Counsel for Mr.S.Karthikeyan for respondents 1 and 4 : Mr.A.Arun Babu for respondent No.2 : Mr.T.K.Saravanan Government Advocate for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.Arun Kasi, learned counsel for the petitioners; Mrs.G.Thilagavathy, learned Senior Counsel for Mr.S.Karthikeyan, learned counsel for respondents 1 and 4; Mr.A.Arun Babu, learned counsel for the second respondent; and, Mr.T.K.Saravanan, learned Government Advocate for the third respondent.
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W.P.No.425 of 2024
Iyakkam), which had filed W.P.No.35995 of 2023. In the said writ petition, interim orders are already passed.
(S.V.G., CJ.) (D.B.C., J.) 09.01.2024 Index : Yes/No Neutral Citation : Yes/No bbr
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W.P.No.425 of 2024
To
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W.P.No.425 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr
W.P.No.425 of 2024
09.01.2024
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W.P.No.425 of 2024
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1 issue framed by the court
Whether individual members of an association can maintain a separate writ petition when the association has already filed a writ petition challenging the same order.
1 provisions across 1 enactments
Gowri Shankar
Lakshmi
Saroja
Padma
Celestine Mary
The Managing Director, Tamil Nadu Urban Habitat Development Board
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
