Madras High Court
Munivel vs The Member Secretary on 11 November, 2025
Author: R. Suresh Kumar
Bench: R.Suresh Kumar
W.A No. 3240 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2025
CORAM
THE HON'BLE MR JUSTICE R.SURESH KUMAR
AND
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
W.A No.3240 of 2025
and
C.M.P.No.26643 of 2025
1. Munivel
S/o.Shri Rangasamy
2. U.Karpagam
W/o.Uthokottan
3. C.Manimegalai @ Rebeca
W/o.Charlas ..Appellants
Vs
1. The Member Secretary
Chennai Metropolitan Development Authority
Thalamuthu Natarajan Building
Gandhi Irwin Road, Egmore, Chennai-600 008.
2. The Chairman
Tamil Nadu Urban Habitation Board
Chennai-600 011.
3. The Commissioner
Corporation of Chennai
Rippon Building, Chennai.
Page Nos.1/8
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W.A No. 3240 of 2025
4. A.Michael
S/o.Late M.S.Arulanandam
5. A.Jesudass
S/o.M.S.Arulanandam
6. A.Arokia Swamy
S/o.Late M.S.Arulanandam
7. A.Augustine
S/o.Late M.S.Arulanandam
8. A.John
S/o.Late M.S.Arulanandam
9. A.James
S/o.Late M.S.Arulanandam
10. A.Pouline Mary
D/o.Late M.S.Arulnandam
11. J.Arokia Aruna
D/o.Late A. Joseph ..Respondents
Writ Appeal is filed under Clause 15 of Letter Patent to set aside the
order passed in W.P.No.15828 of 2024 dated 24.10.2024 on the file of this
Court and consequently, allow the above writ appeal.
For Appellants : Mr.C.Elamurugan
For Respondents : Mr.Akhil Akbar Ali
Standing Counsel, for R1
Mr.J.Lenin
Standing Counsel, for R2
Ms.P.T.Ramadevi,
Page Nos.2/8
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W.A No. 3240 of 2025
Standing Counsel, for R3
Mr.H.Shabeer Ali, for R5 & R10
Mr.P.Sidharthan, for R11
JUDGMENT
(Made by HEMANT CHANDANGOUDAR, J.)
This intra-Court appeal is directed against the order dated 24.10.2024
passed by the learned Single Judge in W.P. No. 15828 of 2024. By the said
order, the learned Single Judge dismissed the writ petition filed by the
petitioner seeking a direction to the official respondents to consider his
representation requesting allotment of the subject property, and further, to
initiate action against the private respondents.
2. The appellants/writ petitioners claim that the subject property was
allotted in favour of the petitioner and his family members. It is stated that
although the petitioner and his family members had requested the second
respondent to execute a sale deed in their favour, the same was not executed.
The appellants further allege that certain third parties were attempting to
develop the said land by creating documents, and therefore, they submitted a
representation dated 12.09.2023 to the authorities seeking intervention.
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3. As the said representation was not considered, the petitioner
approached this Court by filing the aforesaid writ petition. The learned Single
Judge, by the impugned order, dismissed the writ petition. Taking exception to
the same, the present intra-Court appeal has been preferred.
4. We have heard Mr. C. Elamurugan, learned counsel for the appellants;
Mr. Akhil Akbar Ali, learned Standing Counsel for the first respondent, Mr. J.
Lenin, learned Standing Counsel for the second respondent, Ms. P. T.
Ramadevi, learned Standing Counsel for the third respondent, Mr. H. Shabeer
Ali, learned counsel for respondents 5 and 10, and Mr. P. Sidharthan, learned
counsel for the eleventh respondent.
5. The subject property, along with other lands, was included within an
area declared as a slum area by order dated 01.12.1972. The said order was
challenged before this Court in W.P. No. 1283 of 1989, seeking a direction to
denotify the subject land. The writ petition was allowed by order dated
10.01.1990, and the said order was confirmed in W.A. No. 272 of 1990. The
said decision has attained finality.
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6. Consequent to the orders passed by this Court, the lands were
denotified, and therefore, as of today, the subject land no longer falls within a
slum area.
7. The original owner of the property had also filed a suit in O.S. No.
14770 of 1996, which was dismissed. Aggrieved thereby, an appeal was
preferred in A.S. No. 441 of 1998, and a cross-objection was filed in Cross
Objection No. 33 of 2000 by another person claiming rights over the subject
property. The appellate Court allowed the appeal and held that the original
purchaser/the second respondent was in possession and enjoyment of the
subject property.
8. The learned Single Judge, after considering all these aspects, held that
the appellants/writ petitioners were neither allotted the subject property nor in
possession of it. In light of the orders passed by this Court directing the official
respondents to denotify the land from the slum area and the judgment and
decree of the jurisdictional Civil Court, it is evident that the alleged allotment
in favour of the appellants had already been cancelled following the directions
issued by this Court.
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9. Hence, no statutory duty is cast upon the official respondents to
consider the representation submitted by the appellants.
10. In view of the above, we find no illegality or infirmity in the order
dated 24.10.2024 passed by the learned Single Judge in W.P. No. 15828 of
2024 warranting interference by this Court.
11. Accordingly, the Writ Appeal stands dismissed. Consequently, the
connected miscellaneous petition is closed. There shall be no order as to costs.
(R.S.K.,J) (H.C., J)
11.11.2025
Index : Yes / No
Internet : Yes/No
Neutral Citation : Yes / No
mk
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To
1. The Member Secretary
Chennai Metropolitan Development Authority
Thalamuthu Natarajan Building
Gandhi Irwin Road, Egmore, Chennai-600 008.
2. The Chairman
Tamil Nadu Urban Habitation Board
Chennai-600 011.
3. The Commissioner
Corporation of Chennai
Rippon Building, Chennai.
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R. SURESH KUMAR, J.
and
HEMANT CHANDANGOUDAR, J.,
mk
11.11.2025
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