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Madras High CourtWP/3371/2018disposed of

S.Moorthy, v. The District Collector,

2018-02-15Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.3371 of 2018 S.Moorthy S/o.Sundaram .. Petitioner Vs.

1.The District Collector Kancheepuram Kancheepuram District.

2.The Tahsildar Chengalpattu Taluk Kancheepuram District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to issue alternative house site to the petitioner at Panapakkam Village, Kancheepuram District, based on his representation dated 04.01.2018 within the period stipulated by this Hon'ble Court.

For Petitioner : Mr.M.Raja For Respondents : Mr.D.Suriyanarayanan Additional Government Pleader

O R D E R

Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to issue alternative house site to the petitioner at Panapakkam Village, Kancheepuram District, based on his representation dated 04.01.2018.

3. It is the case of the petitioner that he was previously residing at No.10/168, 8th Street, Karumariamman Kovil Street, Anna Ambethkar Nagar, Mannivakkam, Kattankulathur Taluk, Kancheepuram District for more than 15 years and he was evicted https://hcservices.ecourts.gov.in/hcservices/

from the said property along with others for the purpose of widening the River. It is his further case that at the time of eviction, the petitioner and others were assured of providing an alternative accommodation. It is further contended that while others were given alternative accommodation, the petitioner was not considered for providing such accommodation. Therefore, the petitioner made a representation on 04.01.2018, seeking for an alternative accommodation, as promised earlier. As the said representation is not considered, the present writ petition is filed for the relief as stated supra.

4. Considering the above stated facts and circumstance, without expressing any view on the merits of the claim made by the petitioner, this writ petition is disposed of, only by directing the respondent to consider the request of the petitioner and pass orders on the same on merits and in accordance with law, after giving an opportunity of hearing to the petitioner. Such exercise shall be done by the respondent, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.The District Collector Kancheepuram Kancheepuram District.

2.The Tahsildar Chengalpattu Taluk Kancheepuram District.

+1 cc to M/s.M.Raja Advocate sr 11630 +1 cc to Government pleader sr 12149 W.P.No.3371 of 2018 aa27/02/2018 https://hcservices.ecourts.gov.in/hcservices/