M.Murugan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.3492 of 2023 1.M.Murugan 2.M.Gunasekaran 3.P.Jothiraj 4.M.Rajendran 5.K.Muralidharan 6.A.Chinraj 7.G.Vijayalakshmi 8.K.Arunprakash 9.K.Sampathkumar 10.C.Varadaraj 11.M.Susila 12.E.Sivakumar 13.R.Vidya 14.K.Sundarraj 15.G.P.Venu 16.D.Nagammal ... Petitioners Vs.
1.The Secretary to Government, Housing and Urban Development Department, Secretary to Government, Saint George Fort, Chennai - 600 009.
Page No.1 of 6
2.The Managing Director, Tamil Nadu Slum Clearance Board, Now, Tamil Nadu Urban Habitat Development Board, Kamaraj Salai, Chennai - 600 005.
3.The Executive Engineer, Tamil Nadu Slum Clearance Board, Now, Tamil Nadu Urban Habitat Development Board, No.397 A North Residence Area, Selvapuram North, Coimbatore - 641 026.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue allotment order to the petitioners in pursuance to the Membership card issued by the third respondent at Sundaram Street, Project Area, Coimbatore, based on the representation dated 20.10.2022. For Petitioner : Mr.L.P.Shanmugasundaram for M/s.I.S.Inbadurai For Respondents : Mrs.N.Senthil Selvi Government Advocate [R1] Mr.Babu Muthu Meeran Standing Counsel [R2 & R3] *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents to issue allotment order to the petitioners in pursuance to the Membership card issued by the third respondent at Page No.2 of 6
Sundaram Street, Project Area, Coimbatore, based on the representation dated 20.10.2022.
2. The case of the petitioners is that, the third respondent issued Identity Card to the petitioners with an assurance that they will allot flats in Sundaram Street, Project Area. However, the respondents refused to allot flats in favour of the petitioners. Hence, the petitioners made a representation dated 20.10.2022. Since the same was not considered, the petitioners have filed the above writ petition before this Court for appropriate directions.
3. Though very many grounds have been raised in this writ petition, the learned counsel for the petitioner submits that, it would suffice, if this Court, issues a direction to the respondents to consider the petitioners' representation dated 20.10.2022 and pass appropriate orders, within a time frame that may be stipulated by this Court. Page No.3 of 6
4. The learned Standing Counsel appearing for the respondents 2 and 3 submits that, as on date, the construction is not completed. Hence, he submits that, as soon as the construction is completed, the petitioners' representation will be considered by the respondents.
6. Considering the limited relief sought for by the petitioners, this Court, without going into the merits of the case, directs the respondents to consider the petitioners' representation dated 20.10.2022 after the completion of the construction and if they possess Identity card, they should be given priority for allotment of flats.
7. With the above direction, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 26.06.2023 Index : Yes / No (1⁄2) Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Secretary to Government, Housing and Urban Development Department, Secretary to Government, Saint George Fort, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Slum Clearance Board, Now, Tamil Nadu Urban Habitat Development Board, Kamaraj Salai, Chennai - 600 005.
3.The Executive Engineer, Tamil Nadu Slum Clearance Board, Now, Tamil Nadu Urban Habitat Development Board, No.397 A North Residence Area, Selvapuram North, Coimbatore - 641 026.
Page No.5 of 6
M.DHANDAPANI, J.
sp and W.M.P.No.3492 of 2023 26.06.2023 (1⁄2) Page No.6 of 6