Susila v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2024
CORAM
THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN W.A.Nos.2881 of 2012, 543 to 546, 780, 962 to 967 of 2013 and MP.Nos.1, 1,1, 1, 1, 1, 1, 1, 1, 1, 1, 1 of 2013 WA.No.2881/2012 Sushila ... Appellant Vs.
1. The Government of Tamil Nadu, Rep. by its Secretary, Revenue Department, Fort St. George, Chennai.
2. The District Collector, Collectorate Building, Kanchipuram.
3. The Tahsildar, Tambaram Taluk Office, Tambaram, Chennai-600 045.
4. The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai-5.
5. The Superintending Engineer, Tamil Nadu Slum Clearance Board Circle-II Chennai-119.
... Respondents 1/7
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 27.11.2012 made in W.P.No.1105 of 2011 and allow the Writ Petition as prayed for.
For Appellant : Mr.K.Balakrishnan For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3 Mr.B.Balaji Standing Counsel (TNUHDB) for R4 & R5 ***** C O M M O N J U D G M E N T [Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.] With reference to the relief sought for in the present Writ Appeals, '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 all the Writ Appellants. The details regarding the allotment of Tenements provided to these appellants 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 2/7
S.No.
Tenement No Allottee Appeal Case 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 ) AE-23 Nalathambi WP.No.4936 of 2010 ) AE-28 Jayalakshmi WA.No.1936 of 2013 ) AH-58 Ranganathan WA.No.965 of 2013 ) Ah-59 Verramuthu WA.No.963 of 2013 ) AH-60 Jeyalakshmi WP.No.1386 of 2011 ) AH-55 Vijaya WA.No.546 of 2013 ) AH-56 Lalitha WP.No.3200 of 2011 ) AG-40 Amsa WP.No.1381 of 2011 ) AG-41 Muniyammal WA.No.544 of 2013 ) AG-42 Susila WA.No.2881 of 2012 ) AH-47 M.Murugesan WA.No.1825 of 2013 ) AB-2 E.Anitha WA.No.1842 of 2013 The above persons were allotted alternative accommodation in the Perumbakkam Ezhil Nagar scheme.
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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 appellants, on payment of beneficiary cost, the Tamil Nadu Urban Habitat Development Board will allot Tenements to these writ appellants by following due process. Therefore, the writ appellants are at liberty to pay the beneficiary cost to the Urban Habitat Development Board and on receipt of payment, the allotment is to be made.
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 Appeals. Accordingly, all the Writ Appeals are disposed of. No costs. Consequently, connected MPs are also closed.
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[S.M.S., J.] [C.K., J.] 02.07.2024 (1/2) kmi Index : Yes Speaking order : Yes 5/7
To
1. The Secretary, The Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai.
2. The District Collector, Collectorate Building, Kanchipuram.
3. The Tahsildar, Tambaram Taluk Office, Tambaram, Chennai-600 045.
4. The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai-5.
5. The Superintending Engineer, Tamil Nadu Slum Clearance Board Circle-II Chennai-119.
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S.M.SUBRAMANIAM, J.
and C.KUMARAPPAN, J.
kmi W.A.Nos.2881 of 2012, 543 to 546, 780, 962 to 967 of 2013 02.07.2024 7/7