R PALANI Vs. CHAIRMAN TAMIL NADU SLUM CLEARANCE BOARD

JUDGEMENT

(1.) The prayer in the writ petition is for issuance of writ of mandamus, directing the respondents 1 to 4 to seal the passage by erecting a wall immediately after the petitioner's property comprised of Plot No. 193, Old Door No. 63, New No. 67, Kilpauk Garden Road, K.V.N. Puram, Chennai 600 010 so as to regulate the occupants of the plot Nos. 190,191 and 192 to have access through the First Street, K.V.N. Puram, Chennai 600 010.

(2.) The grievance of the petitioner appears to be more against the fifth respondent, who is a private party. In fact, the petitioner has also issued a legal notice on 27.06.2007 to the fifth respondent calling upon the fifth respondent to remove the tiles that had been stored at the passage meant for the petitioner and thus close the passage where the fifth respondents house is situated. It has been further stated that the copy of the said notice has also been forwarded to the first respondent as well as the Commissioner of Corporation of Madras, Commissioner of police etc.

(3.) Having considered the facts and circumstances of the case, I am not inclined to grant the relief as prayed for, since the dispute relates to passage in a scheme developed by the Slum Clearance Board. However, liberty is granted to the petitioner to submit the representation to the second respondent. On receipt of such representation the second respondent shall issue notice to the fifth respondent and conduct an enquiry and pass orders on merits and in accordance with law. The petitioner is granted three weeks time for submission of the representation. On receipt of such representation the second respondent is directed to commence and conclude the enquiry after giving an opportunity to the fifth respondent and pass final orders within a period of eight weeks thereafter.