A.Jayalakshmi v. The Government Of Tamil Nadu,
2024:MHC:2868
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and M.P.No.1 of 2013 A.Jayalakshmi ... Appellant Vs.
1.The Government of Tamil Nadu Represented by its Secretary, Revenue Department, Fort St. George, Chennai - 600 009.
2.The District Collector, Collectorate Building, Kancheepuram.
3.The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District.
4.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.
5.The Superintending Engineer, Tamil Nadu Slum Clearance Board Circle-II, Chennai - 600 119.
... Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent to allow this writ appeal, set aside order dated 27.11.2012 in W.P.No.1386 of 2011. For Appellant : Mr.K.Balakrishnan For R1 to R3 : Mr.A.Selvendran Special Government Pleader For R4 & R5 : Mr.B.Balaji Standing Counsel [For TNUHDB]
J U D G M E N T
[Judgment was delivered by S.M.SUBRAMANIAM, J.] With reference to the relief sought for in the present Writ Appeal, 'the Tamil Nadu Urban Habitat Development Board' [erstwhile Slum Clearance Board] filed a status report, which would reveal that the alternate Tenements are provided to the Writ Appellant. The details regarding the allotment of Tenements provided to the appellant are detailed as under:- "12. I submit that following are the persons received the
alternate accommodation from the board;
S.No.
Tenement No Allottee Appeal Case 1) AE-14 Mariappan WP.No.4936 of 2010 2) AE-15 A.Munusamy WP.No.4394 of 2010 3) AE-16 Selvi WP.No.4936 of 2010 4) AE-17 David WP.No.493 of 2010 5) AE-18 Venkatammal WP.No.4936 of 2010 6) AE-19 Ponni WP.No.4395 of 2010 7) AE-20 Michael WP.No.4395 of 2010 8) AE-21 Singaravelu WP.No.4394 of 2010 9) AE-22 Palanisamy WP.No.4394 of 2010
10) AE-23 Nalathambi WP.No.4936 of 2010
11) AE-28 Jayalakshmi WA.No.1936 of 2013
12) AH-58 Ranganathan WA.No.965 of 2013
13) Ah-59 Verramuthu WA.No.963 of 2013
14) AH-60 Jeyalakshmi WP.No.1386 of 2011
15) AH-55 Vijaya WA.No.546 of 2013
16) AH-56 Lalitha WP.No.3200 of 2011
17) AG-40 Amsa WP.No.1381 of 2011
18) AG-41 Muniyammal WA.No.544 of 2013
19) AG-42 Susila WA.No.2881 of 2012
20) AH-47 M.Murugesan WA.No.1825 of 2013
21) AB-2 E.Anitha WA.No.1842 of 2013 The above persons were allotted alternative accommodation in the Perumbakkam Ezhil Nagar scheme.
13. I submit that as stated supra, the board has issued
allotment vide Board Proceedings G9/4799/2013 dated 12.12.2014 to the rest, of 50 persons for the alternative accommodation, but till date they have not come forward to receive the same from the Board. In compliance of the direction of this Hon'ble Court passed in the writ petition to issue alternative accommodation to the Writ petitioner, the Board has taken necessary steps in order to comply the order of this Hon'ble Court and the same was complied in true spirit and Board has issued alternative accommodation to the respective eligible persons."
2. The writ appellant, on payment of beneficiary cost, the Tamil Nadu Urban Habitat Development Board will allot Tenement to the writ appellant by following due process. Therefore, the writ appellant is at liberty to pay the beneficiary cost to the Urban Habitat Development Board and on receipt of payment, the allotment is to be made. In respect of the appellants, who have already been allotted tenement are not entitled to seek any further allotment.
3. In view of the fact that the Urban Habitat Development Board is providing alternate allotment to all the writ appellants, no further adjudication needs to be undertaken in respect of the grounds raised in the present Writ Appeal. Accordingly, the Writ Appeal stands disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed. [S.M.S., J.] [N.S., J.] 05.07.2024 (2/2) Jeni Index : Yes Speaking order To 1.The Secretary, The Government of Tamil Nadu Revenue Department, Fort St. George, Chennai - 600 009.
2.The District Collector, Collectorate Building, Kancheepuram.
3.The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District.
4.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.
5.The Superintending Engineer, Tamil Nadu Slum Clearance Board Circle-II, Chennai - 600 119.
S.M.SUBRAMANIAM, J.
and N.SENTHILKUMAR, J.
Jeni 05.07.2024 (2/2)