J. SAYEEDA BANU Vs. TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed seeking to forbear the respondents from permitting any third party including the 3rd respondent herein to put up any building or construction within the compound of the flats allotted to the petitioners and others in various blocks from Blocks i.e., A to M allotment made under the M.T.B. Scheme at South Boag Road, T.Nagar, Chennai - 17.

(2.) The brief facts leading to the filing of this writ petition is as follows:

(3.) Impleading petition in W.M.P.No.27233 of 2022 has been filed by Prem Nagar Owners Welfare Association seeking to implead them as 4th respondent and the same has been allowed by this Court. The 4th respondent association represent 112 owners residing in N, P, Q and R blocks of the apartments constructed by the Tamil Nadu Housing Board under the Mambalam Tank Bund Scheme in T.Nagar in the year 1978. Originally there were 544 houses under EWS scheme. Pursuant to allotments by the Tamil Nadu Housing Board, the flat owners divided themselves into 4 colonies with defined boundaries viz., Amudham Colony, Kanchi Colony, Anna Colony and Prem Nagar Colony and formed associations that are duly registered with the authorities. According to them, although areas were marked for shops, no shops were allotted in the earmarked site from 1979 to till date. It is submitted that between 1985 to 1987 an Aavin booth was constructed encroaching into the common area belonging to Anna Colony and Prem Nagar Colony. In order to remove the said encroachment, the petitioners herein i.e., residents of Anna Colony, M Block had approached this Court to remove the Aavin shop which had encroached into their area.