K.SHANTHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. K.Balakrishnan, Learned Counsel for the Petitioner, Mr. R.Venkatesh, Learned Government Advocate appearing for the First Respondent, Mr. S.Saravanan, Learned Standing Counsel appearing for the Second and Fourth Respondents and Mr. S.Prabhu, Learned Standing Counsel appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

(2.) It is borne out from the records that one Vijaya had filed the Writ Petition in W.P. No. 27955 of 2011 before this Court for a direction to the concerned authorities of the Chennai Metropolitan Development Authority (herein after referred as ?the CMDA? for brevity and convenience), Corporation of Greater Chennai and the Tamil Nadu Slum Clearance Board to immediately demolish the illegal construction put up by the Petitioner, viz., K.Shanthi and her husband R.Karmegam and remove the encroachment in the land illegally occupied by them in East Namachivayapuram, Choolaimedu, Chennai?600094 and restore the same for public purpose for which it was intended and ear-marked. In pursuance thereof, the Corporation of Greater Chennai had issued notices dated 24.11.2011 and 28.01.2017 to the Petitioner to remove the unauthorized construction made in that property. When the action taken was reported before the Division Bench of this Court on 31.01.2017, the aforesaid Writ Petition was disposed by the following order:-

(3.) Thereafter, the Petitioner filed the Writ Petition bearing W.P. No. 2858 of 2018 before this Court for directing the concerned authority of the Corporation of Greater Chennai and the Tamil Nadu Slum Clearance Board not to take coercive steps to demolish the buildings put in Plot No. 337, Door No. 196, East Namachivayapuram, Choolaimedu, Chennai - 600094 except under due process of law. The said Writ Petition was disposed by the Division Bench of this Court by order dated 02.04.2018 as follows:- "By consent, the writ petition is taken up for final disposal.