B.M.Parvathi v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN B.M.Parvathi ....
Petitioner Vs
1. The Government of Tamil Nadu, Represented by its Secretary to Government, Fort St.George, Chennai.
2. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.
3. The Assistant Executive Engineer, Zone-1, Tamil Nadu Slum Clearance Board, Tondiarpet, Chennai - 600 081.
4. The District Collector, Tiruvallur District.
5. Sumathi ....
Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second and third
respondents to reallot Plot No.11 in petitioner's name by considering her representation dated 03.10.2020.
For Petitioner : M/s.S.Santhoshi For R1 & R4 : Mr.S.Arumugam Government Advocate For R2 & R3 : Mr.M.Babu Muthu Meeran Standing Counsel For R5 : Mr.R.Anandha Babu
ORDER
This Writ Petition has been filed for a direction directing the third respondent to re-allot Plot No.11 in the name of the petitioner.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was residing at Plot No.11, Dr.Ambedkar Nagar, Manalipudhu Nagar, Chennai, for the past 10 years with her family members. Due to Varadha Cyclone 2016, the entire house of the petitioner was damaged. The second and third respondents informed the residents of Dr.Ambedkar Nagar that the subject property and the adjacent properties were marked for construction of new houses to the landless and below poverty line peoples by the Tamil Nadu Slum
Clearance Board. However, the petitioner was not alloted any plot so far. Therefore, the petitioner submitted a representation to re-allot the very same plot in favour of the petitioner. On verification, the third respondent had alloted Plot No.11 in favour of the fifth respondent herein. Hence, this writ petition.
4. A perusal of the counter filed by the second respondent reveals that the name of the petitioner does not find place in the list of allottees of Dr.Ambedkar Nagar. That apart, the petitioner also failed to place any supporting document in support of her claim for allotment of house plot. It is also seen that the second respondent received land from the Chennai Metropolitan Development Authority to an extent of 30.65 acres situated at Sadayankuppam and Edayanchavadi Village to promote Affordable Housing Programme by the proceedings dated 10.03.2016. The said land had been formulated under Economically Weaker Sections Housing Scheme. While removing the encroachment by eviction proceedings in the subject property, there were seventy families and they had sought for allotment of house sites. Therefore, the second respondent directed the Dr.Ambedkar Nagar Association to produce
proper documents for residence in the area and who would be eligible for allotment. In the first list produced by the said Association, the name of the petitioner does not find a place and as such, she is not entitled for allotment.
5. In view of the above, the direction sought for in this writ petition cannot be considered. Thus, the writ petition lacks merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs.
13.06.2024 Internet : Yes Index : Yes/No Speaking/Non-speaking order Lpp To
1. The Secretary to Government, Government of Tamil Nadu, Fort St.George, Chennai.
2. The Chairman, Tamil Nadu Slum Clearance Board,
No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.
3. The Assistant Executive Engineer, Zone-1, Tamil Nadu Slum Clearance Board, Tondiarpet, Chennai - 600 081.
4. The District Collector, Tiruvallur District.
G.K.ILANTHIRAIYAN, J.
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