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Judgment
The Petitioner has come up with this Writ Petition seeking to forbear the Respondents from evicting the members of the Trust, residing at
Thideer Nagar, Thousand Lights, Greams Road, Chennai-6.
When the matter was taken up for hearing on 29.01.2018, this Court passed the following order:
According to the petitioner-Trust, its members are not encroachers and they have been living in the banks of Cooum River and Thideer Nagar.
It is further submitted that the second respondent/TNSCB has constructed rehabilitation site and that all the families have been shifted to the newly
allotted site given by the second respondent-TNSCB. It is further stated that the Thideer Nagar is not a Slum and in any event, as similarly placed
persons have been given the benefit of alternative sites, the petitioner-Trust being a welfare scheme Trust, had been sidelined. It is further submitted
that the members of the petitioner-Trust shall not be disturbed without following due process of law.
The third respondent-Corporation of Chennai has filed status report, wherein it has been averred that the members of the petitioner-Trust are
encroachers and that the representatives of the Thideer Nagar encroachers were taken to the Perumbakkam Slum Clearance Board tenements and
they have been shown various blocks and based on their choice, the allotments were made after agreeing for the same. The eviction drive was
initiated on 18.11.2017 and transport arrangements were also made by the Corporation. Even though no averment has been made with regard to
Mr.A.Velankanni, the President of the petitioner-Trust, who has filed this Writ Petition in the capacity of Trust, the learned Standing Counsel
appearing for the third respondent-Corporation submitted that the name of the said gentleman has also been enumerated and that the said
President A.Velankanni will be given an alternative site for the building that has been constructed by the TNSCB.
Learned counsel appearing for the second respondent-TNSCB submitted that the second respondent has filed counter affidavit, wherein it has
been narrated that the Thideer Nagar is declared as a Slum and encroachments have been extended upto Cooum River. Based on the enumeration
conducted by the land owning Department and recommendations based on the merit, the allotment order is issued to the beneficiaries at
resettlement and rehabilitation site at Perumbakkam by the TNSCB. It is further stated that the local authorities have issued Ration Card, Voter ID
Card, Aadhar Card, etc. and EB connection was also given. It is further stated by the learned counsel for the second respondent-TNSCB that the
petitioner''s mother and the petitioner were residing in one house in the encroachment area and that the mother had been allotted alternative site
and that the said Velankanni is not entitled to another allotment. It is however stated that the third respondent- Corporation has identified the name
of the petitioner and that if there are any instructions given by the Corporation, the TNSCB has no objection to accommodate the petitioner.
In reply, learned counsel for the petitioner submitted that all the members of the petitioner-Trust have been allotted alternative sites, except the
present person, namely the President of the petitioner-Trust, namely Mr.A.Velankanni and hence, he has approached this Court in the name of the
Trust. It is further stated that the mother has not been allotted the place and that the said Velankanni and his mother were residing at different
places.
To the above contentions, learned counsel for the third respondent-Corporation drew the attention of this Court to the enumeration list and also
the allotment order given to the mother of the said Velankanni, and the mother''s name is reflected in Sl.No.722.
Heard both sides and perused the materials available on record.
It is not in dispute that the members of the petitioner-Trust and others have encroached upon the land(s) in Thideer Nagar and other places
which are declared as Slum. However, alternative sites have been provided to everyone including the mother of the said Velankanni and that it has
been stated across the Bar that the said Velankanni will also be given an alternative site. One of us (ie. S.Vaidyanathan,J) sitting singly, held that
there should be a pre-emptive clause in the allotment order/agreement itself, so that the land(s)/house(s) given by the TNSCB reaches the poor
people and that the person who has got the allotment, cannot enrich themselves by selling the land allotted and again occupying the encroachment
site. In the said decision while one of us (S.Vaidyanathan,J) was sitting singly and dealing with encroachment matters, in W.P.No.24857 of 2003,
dated 04.12.2017, it was observed as follows:
Before parting with the case, this Court is of the view that the Government is taking effective steps to displace the encroachers and provide
them alternative accommodation by allotment of houses by the Tamil Nadu Slum Clearance Board on the basis of sale-cum-hire purchase
agreement. On the basis of the allotment, the allottees takes possession of the tenement and thereafter execute sale deed on payment of entire cost.
When once those persons are given allotment of house either at nominal rate or at free of cost, it is seen that after certain number of years, those
residents are trying to dispose of the property allotted to them and move to some other place. Moreover, this Court has come across several
instances where the allottees had sold the properties to the third parties. As the place is meant for poor, they cannot sell it to third parties. The
object of the allotment itself is defeated, if sold within a short span of time and thereby the allottees occupy the original place in slums. Hence, to
prevent the menace, this Court is of the view and suggests the Tamil Nadu Slum Clearance Board to take steps for amendment of the agreement
or for any regulation incorporating a pre-emptive clause in the agreement/allotment order itself, without diluting the Transfer of Property Act.
Further, in case the occupants want to sell the property, it should only be sold to the Tamil Nadu Slum Clearance Board on the guideline value
prevalent on that day. This will ensure that those tenements do not rent it out to somebody, as this Court, on the earlier occasions, had
categorically stated that the allottees of the tenements shall not rent it out to third parties and those observations/clauses in the agreement itself shall
ensure that those persons do not dispose of the property to any third party and once again try to encroach upon the Government land and become
a slum dweller. When once such pre-emptive clause is incorporated, the property can be sold only to the Tamil Nadu Slum Clearance Board and
the authorities can sell the property and give the property to poor persons based on the seniority maintained for the purpose. This Court hopes that
in such an event, there will not be any interference by any of the political parties to deprive the genuine persons to get the benefit. This Court
expects/suggests that proper amendments are made in the necessary regulations, so as to curb the illegalities and the Tamil Nadu Slum Clearance
Board ensure that the said preemptive clause in incorporated in the agreement itself, as the decision taken can''t run counter to the Transfer of
Property Act.
At this stage, learned counsel for the petitioner submitted that the said Velankanni is the only son of Sarasu and his father is no more and he is
willing to file affidavit before this Court to the effect that in case any unfortunate things take place, no claim will be made to the site allotted to the
said Velankanni''s mother and that it can be allotted to any other person of the choice of the TNSCB based on the seniority list maintained for that
purpose.
In order to file such affidavit by the petitioner, i.e. Velankanni in his individual capacity, with regard to the stand that he will have no claim over
the property allotted to his mother by the TNSCB, list the Writ Petition on 02.02.2018 ""for orders"" on 02.02.2018 and the Registry is directed to
treat this matter as Part Heard.
Today, an additional affidavit has been filed by the Petitioner/Velankanni, relevant portion of which, reads as under:
I submit that admittedly, I have produced all the records that I have resided in the said area and living separately and hence, it is just and
necessary to allot house in favour of me and further, I am undertaking that I will not claim any rights over the allotment of house issued in favour of
my mother namely, Sarasa, W/o.Arockiyanathan, provided, separate order of allotment issued in favour of me.
As the Petitioner/Velankanni has agreed that he will not claim the site allotted to his mother under any circumstance, there is no need to pass
further orders in this Writ Petition, more particularly, taking note of the contentions of the Respondents that all the persons residing in the disputed
site have been evicted and that they have been provided alternative accommodation at Perumbakkam.
Further, it is represented by the learned counsel appearing for the 2nd Respondent/Slum Clearance Board that alternative site will be provided
to the Petitioner/Velankanni within one month from the date of receipt of a copy of this order.
The said submission of the learned counsel appearing for the 2nd Respondent/Slum Clearance Board is taken on record and this Court directs
the 2nd Respondent/Slum Clearance Board to provide alternative accommodation to the Petitioner/Velankanni within a period of one month from
the date of receipt of a copy of this order.
The Writ Petition is disposed of with the above observation and direction. No costs. Consequently, connected W.M.P.No.33568 of 2017 is
closed.