P. Meshak v. Chairman, Tamil Nadu Housing Board, Nandanam, Chennai
2019-09-19
R.THARANI, T.S.SIVAGNANAM
body2019
DigiLaw.ai
JUDGMENT : (Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 to 4 to remove the encroachment at public pathway made by the 5th respondent at the 136½ Square Feet at Narmatha Nagar, Ellis Nagar, Madurai, based on the petitioner's representation dated 23.04.2019.)T.S. Sivagnanam, J. Heard Ms.K.M.Priscilla Jancy, learned counsel appearing for the petitioner, Mr.Mahaboob Athiff, learned Standing Counsel appearing for the respondents 1 and 4, Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the 2nd respondent, Mr.J.Gunaseelan Muthiah, learned Standing Counsel appearing for the third respondent and Mr.H.Mohammed Imran, learned counsel appearing for the fifth respondent. 2. By consent on either side, this Writ Petition is taken up for final hearing. 3. This Writ Petition has been filed by the Writ Petitioner, alleging that the 5th respondent has encroached into the common pathway in respect of the Housing Scheme developed by the Housing Board. 4. Considering the photographs produced by the learned counsel appearing for the petitioner, we directed the officials of the Housing Board to inspect the building in question by 06.00 p.m. on 18.09.2019. Accordingly, the building has been inspected and today (19.09.2019), learned Standing Counsel for the Housing Board would submit that the Housing Board will not have power to interfere in the construction or otherwise done by the residents of the flats and in this regard a reference has been made to the Hon'ble Full Bench decision of this Court in The Tamil Nadu Housing Board v. Mary Rani Immanual & 12 Others (Full Bench) [2013-2-L.W. 685]. It is further submitted that the petitioner and the fourth respondent have encroached the site set apart for pathway. This statement has been stoutly denied by the learned counsel appearing for the petitioner as well as the learned counsel appearing for the 5th respondent. 5. Considering these facts, we are not inclined to entertain this Writ Petition and the same is closed, leaving it open to the petitioner and the fifth respondent to approach the competent Court for appropriate relief. The order of status quo already granted stands vacated. It is needless to state that the Planning Authority and Corporation Authority are entitled to look into grievance of the petitioner and fifth respondent and to act in accordance with law. Consequently, connected Miscellaneous Petitions are also closed. No costs.