Udayakumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 16915 of 2015 and M.P.No. 1 of 2015

1. Udayakumar

2. Jayakantha ... Petitioners Vs

1. The Managing Director, Tamil Nadu Slum Clearance Board, Kamarajar Salari, Chennai-600 005.

2. The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai- 600 005.

3. The District Collector, Chennai District, Chennai.

(R3-Impleaded as per order dated 18/06/2015 in W.P.No.16915 of 2015)

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to allot a house for the petitioners under "Emergency Tsunami Reconstruction project (ETRP) in "Merina Thittapaguthi".

For Petitioners: Mr.R.Deepak For Mr.T.I.Ramanathan For Respondents: Ms.D.Latha [For R1 and R2] Mr. K.M.D.Muhilan Government Advocate [For R3] https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The relief sought for in the present Writ petition is to direct the respondents to allot a house for the petitioners under "Emergency Tsunami Reconstruction project (ETRP) in "Merina Thittapaguthi".

2. The allotment of a house under Special schemes are to be granted by following the rules framed under the scheme. However, Court cannot issue any direction for allotment of a house under the scheme, in view of the fact that the eligibility and the other criterias fixed are to be verified by the competent authorities. The allotment of house is to be made by following the procedures including the seniority, eligibility etc.,

3. Thus, the prayer as such sought for cannot be granted. Further, the Tsunami affected during the year 2004, the Writ petition was filed in the year 2015, after a lapse of 11 years. Thus, the petitioners are not entitled for the relief as such sought for in the present writ petition. Accordingly the writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar nti/kak To

1. The Managing Director, Tamil Nadu Slum Clearance Board, Kamarajar Salari, Chennai-600 005.

2. The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai- 600 005.

3. The District Collector, Chennai District, Chennai.

+1cc to Mr.D.Latha, Advocate, S.R.No. 50624 W.P.No. 16915 of 2015 AK II(CO) GN(13/10/2021) https://hcservices.ecourts.gov.in/hcservices/