Madras High CourtWP/10131/2016dismissed

Thulukkanam, v. The Chairman,

2021-09-17Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17-09-2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.10131 of 2016 And WMP No.9019 of 2016

1. Thulukkanam

2. Kanniammal, D/o. Late Padavattan

3. Kannagi

4. Eswaran .. Petitioners vs.

1. The Chairman, Tamil Nadu Slum Clearance Board, Chennai - 600 005.

2. Mrs.Kanniammal, W/o.C.Ettiappan .. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to hold the enquiry by calling the petitioners/respondent on the basis of the petitioners' representation dated 29.07.2015 in a time bound manner.

For Petitioners : Ms.M.Reena For Respondent-1 : Ms.D.Latha For Respondent-2 : No Appearance

O R D E R

The learned Standing Counsel, appearing on behalf of the first respondent-Tamil Nadu Slum Clearance Board, made a submission that the allotment in the Slum Clearance Board https://hcservices.ecourts.gov.in/hcservices/

Building was given in favour of the second respondent in the year 2004 and from the date of allotment and handing over of the possession, the second respondent is in occupation of the premises allotted by the first respondent.

2. The writ petitioners had submitted a representation on 29.07.2015 after a lapse of about 11 years from the date of allotment.

3. This apart, the allotment was granted in favour of the second respondent in her own name. The second petitioner's name is also Kanniammal.

4. However, the learned Standing Counsel for the first respondent clarified that the allotment is made in favour of the second respondent and she is in possession of the allotted house for the past more than 17 years.

5. This being the factum, it is for the petitioners to furnish any evidence to dispute the said fact and if such evidences are available, the petitioners are at liberty to approach the Competent Authority.

6. With the above observations, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Svn To The Chairman, Tamil Nadu Slum Clearance Board, Chennai - 600 005.

+1cc to Mr.R.Karunagaran, Advocate, S.R.No.48124 +1cc to M/s.D.Latha, Advocate, S.R.No.47478 W.P.No.10131 of 2016 PL(CO) SU(08/10/2021) https://hcservices.ecourts.gov.in/hcservices/