M MARI Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) W.P.No. 3614 of 2011 is filed by one M. Mari, owner of plot No. 301 in N.S.K. 2nd Street, Nehru Nagar, Velacherry. In that writ petition, he had sought for a direction to the respondents 1 to 3 to forbear the 4th respondent from putting up any construction in the passage measuring to an extent of 2 meters breadth and 8 meters length leading to the petitioner's plot bearing No. 301, N.S.K. 2nd street, Nehru Nagar, pending consideration of the representation made by the petitioner dated 15.12.2010 with the Estate Officer, Slum Clearance Board pursuant to the order passed by this court in W.P.No. 1844 of 2011, dated 28.01.2011. The writ petition was admitted on 15.2.2011. Pending the writ petition, in M.P.No. 1 of 2011, this court had granted an interim injunction restraining the 4th respondent from putting up any type of construction either temporary or permanent construction of building or structure or shed or compound wall in the passage measuring 2 meters breadth and 8 meters length leading to the petitioner's plotNo. 301 in NSK 2nd Street. The injunction was confined only to the 4th respondent who is a private party by name Periasamy having adjacent plotNo. 302 in the same area. A counter affidavit was filed by the 4th respondent, dated 30.9.2012.

(2.) It is seen from the records that the same petitioner had earlier filed W.P.No. 1844 of 2011 seeking for a direction to the official respondents to take an action for removal of encroachment made by the 4th respondent (Periasamy) in the passage proceeding to the petitioner's plotNo. 301 and also the encroachment made in the petitioner's plot by considering the representation, dated 15.12.2010 and for consequential direction to the Slum Clearance Board to execute the sale deed in favour of the petitioner in respect of the plot. The said writ petition was disposed of without notice to the 4th respondent Periasamy by directing the Standing Counsel for the third respondent to take notice. A direction was given to the Tamil Nadu Slum Clearance Board to consider the petitioner's representation, dated 15.12.2010 after giving notice to the said petitioner as well as to the 4th respondent. Even during the pendency of the said representation being considered, the petitioner sent a further representation both to the Board as well as to the police stating that the 4th respondent hurriedly removed the thatched roof and constructing a concrete building and that for the police complaint, a CSR receipt was given to him. The photograph for removal of the thatched roof and attempting to put up the construction of permanent in nature was also produced.

(3.) The petitioner filed a contempt petition against all respondents for having allegedly disobeyed the interim order passed by this court. Along with the contempt, three sub application Nos. 271, 272 and 273 of 2011 were also filed for various reliefs. When the contempt petition came up on 25.4.2011, this court directed notice to be served on the counsel appearing in the main writ petition. When the contempt came up on 6.6.2011, this court recorded that the 4th respondent Periasamy has filed a statutory appeal under the provisions of the Tamil Nadu Slum Clearance Board Act. Therefore, this court directed the State Government to dispose of the appeal filed by the 4th respondent after giving notice to all interested parties and adjourned the contempt petition to an another date. Subsequently, when the matter came up on 16.03.2012, this court directed the writ petitions to be posted together after getting orders. Thus, the matters were grouped together and posted before this court by the order of the Hon'ble Chief Justice dated 12.4.2012.