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Judgment
K.A. Thanikkachalam, A.C.J.
This writ appeal is directed against the order passed in W.M.P. Nos. 2936, 5972 and 5973 of 1996 in W.P. No. 1886 of 1996. The writ
petition is to call for the records of the second respondent dated 1-2-1996 made in S.R. No. 8/1995 and to quash the order of the second
respondent by issuing a writ of certiorari or any other appropriate writ or order or direction in the nature of a writ. In the writ petition, W.M.P. No.
2936 of 1996 was filed to stay the operation of the order of the second respondent dated 1-2-1996 and made in S.R. No. 8/1995 pending
disposal of the writ petition. In the Writ Miscellaneous Petition, interim stay was granted. Thereafter, the respondents 3 to 13 in the writ petition
filed writ Miscellaneous petition No. 5973 of 1996 to vacate the interim stay granted. While disposing of this petition, the learned single Judge
passed an order directing the parties to maintain the status quo as on the date of the order pending disposal of the writ petition. The appellant
herein is the Tamil Nadu Slum Clearance Board.
The Tamil Nadu Slum Clearance Board has constructed 108 M.I.G. flats and the constructions were completed and at the time when they were
to be allotted to the allottees, respondents 3 to 13 in the writ petition on the basis of the order issuing patta in their favour, were attempting to
prevent the Tamil Nadu Slum Clearance Board from allotting the flats to the allottees. It is under these circumstances, the Tamil Nadu Slum
Clearance Board came forward with the present writ petition.
It is submitted that the flats are completed long back and they are kept idle on account of the objection taken by Respondents 3 to 13 in the writ
petition. Considering the submission that the M.I.G. Flats were constructed long back and they are awaiting allotment to the allottees and even if
Respondents 3 to 13 in the writ petition succeed they would be entitled to the value of the land said to be belonging to their (sic) we direct the
appellant herein to execute a security bond to the value of Rs. 50,00,000/- (Rupees fifty lakh only) in favour of the First Assistant Registrar,
original Side, High Court, Madras, to the credit of the above said Writ Petition. On such execution of the security bond, the appellant herein is
entitled to allot the flats to the allottees. If the appellant fails to execute the security bond, the order of status quo passed by the learned single
Judge will stand.
3A. Accordingly, the status quo ordered by the learned single Judge stands vacated. The Writ Appeal is allowed. No costs.
C.M.P. No. 11938 of 1996 is dismissed.
The office is directed to post the Writ Petition No. 1886 of 1996 before the learned single Judge who is dealing with the date fixed writ petitions
on 8-8-1997.