← Library
Madras High CourtWP/14328/2012disposed of

G.Gangamma, v. The Commissioner,

2021-07-09Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. NO. 14328 OF 2012 G. Gangamma ... Petitioner

Versus

1. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.

2. The Superintending Engineer Solid Waste Management Department Corporation of Chennai, Third Floor Rippon Buildings Chennai 600 003

3. The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 2nd respondent to consider the petitioner's representation dated 10.05.2010 and dispose the same within a reasonable time.

For Petitioner :

Mr. M. Chidambaram For Respondents :

Mr. K. Raja Sreenivasan for R1 and R2 Mr.S.Prabhu for R3

ORDER

The petitioner seeks to issue a Writ of Mandamus directing the second respondent to consider her representation dated 10.05.2010 and to dispose of the same within a time limit to be fixed by this Court.

2.

The petitioner's husband was employed as a Sanitary

Worker and he died during the course of his service. The petitioner was therefore given appointment on compassionate grounds as Sanitary Worker on 06.09.1986. According to the petitioner, those, who are employed in the Corporation of Chennai are accommodated in a residential unit constructed by Tamil Nadu Slum Clearance Board. As the petitioner as no house of her own, she also submitted an application seeking allotment of a house site. It is also stated that some of the persons, who came to be employed after her, have been provided with a residential accommodation but she was discriminated. According to the petitioner, on receipt of a representation dated 08.07.2019 of the petitioner, the third respondent sent a communication dated 29.07.

2019 addressed to the District Revenue Officer, Chennai Corporation, Chennai stating that on receipt of necessary proposals from the employer of the petitioner, the petitioner's claim for allotment of a residential unit will be considered. However, no such proposal was sent by the respondents 1 and 2. Therefore, the petitioner submitted another representation dated 10.05.2010 to the second respondent. As there was no response to the representation dated 10.05.2010, she has filed the present writ petition. 3.

Heard the counsel for both sides and perused the materials placed on record. It is seen from the affidavit filed in support of the writ petition that the petitioner was 58 years old even at the time of filing the writ petition in the year 2012. Now, the petitioner would have retired from the service of the Corporation as Sanitary Worker. Therefore, by passage of time, this Court is of the view that the relief sought for by the petitioner, to direct the respondents to consider her representation for allotment of a dwelling unit, does not survive for consideration. Accordingly, the writ petition is closed as there is nothing survives for consideration. No costs.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar msr/rsh To

1. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

2. The Superintending Engineer, Solid Waste Management Department, Corporation of Chennai, Third Floor, Rippon Buildings, Chennai 600 003

3. The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai 600 005.

+1cc to M/S.M.Chidambaram, Advocate, SR.No.32414 +1cc to M/S.S.Prabhu, Advocate, SR.No.32652 WP No. 14328 of 2012 PCH(CO) PM(08/09/2021)