S. MICHEL SUGIRTHA REPRESENTED HEREIN BY HER POWER AGENT G.MARIAKANNU Vs. THE MEMBER SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondent to forbear from interfering with the petitioner's peaceful possession and enjoyment of her property comprised of house, ground and premises bearing Door No.59, Semathamman Nagar, Koyambedu, Chennai-600 107 duly comprised in Survey No.193 Part within Koyambedu Village, Chennai-600 107, in any manner inclusive of demolition either by themselves, their workmen, agents, legal representatives and assigns, etc.

(2.) The case of the petitioner is that numbers of persons have been in occupation of the Government lands within the limits of Koyambedu Village comprised in S.No.120/1 and 2 for more than three decades. This Writ Petition is filed by the Power Agent of the petitioner and the principal is one among them. The principal is a hut dweller and that the Government has taken welfare measures and allotted a different place for the purpose of locating the Wholesale Koyambedu Market Complex in the land in S.No.120/1 and 2. Alternative site has been identified and such alternative allotment was considered to occupants who are in possession of B-Memo. Even though initially 349 occupants have been declared as valid persons and alternative site had been assured, the Government has approved the list of 275 members alone and the rest of the allotment has been kept pending for scrutiny. 175 families have been immediately accommodated as an interim measure and that with regard to others, though they have been allowed to occupy the alternative sites, regular allotments have not been made. The principal herein was sought to be disturbed where she was in occupation and enjoyment of the property for more than a decade.

(3.) It is further stated by the petitioner that the Association, namely Seemathamman Nagar Hut Dwellers Welfare Association has filed a Writ Petition in W.P.No.14066 of 1997, which was disposed of on 15.09.1997, directing that the possession of the members should not be disturbed pertaining to the new location, as members of the petitioner-Association have surrendered their valuable lands comprised in Survey No.120/1 and 2 and hence, they are entitled to the lands on priority basis. According to the petitioner, in the new location, the petitioner has been paying property tax, metro water tax, etc. The petitioner was also issued with a Family Card. The petitioner stated that he has been given general Power of Attorney by the principal and it is in force on the date of filing of the Writ Petition. It is further stated by the petitioner that the CMDA has been taking steps to demolish the superstructure put up by the petitioner, without any intimation to the petitioner or providing alternative site, inspite of the fact that the petitioner is possessing property tax receipts, metro water tax receipts, electricity bill receipts and Ration Card. The action of the respondent in trying to displace the petitioner is illegal. The petitioner is in enjoyment of the superstructure of the property and that without an alternative site, the respondent interferes with the possession, which is illegal. Hence, the petitioner has filed the Writ Petition for the relief stated supra.