Madras High CourtWP/9452/2010disposed of

Tmt.Pushpa v. The Chairman And Managing

2022-03-29Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2022

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.No.9452 of 2010 and M.P.No.1 of 2010 Pushpa ... Petitioner Vs.

1. The Chairman and Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Estate Officer, TNSC Office (E.O.3), Thirumangalam, Chennai - 600 040.

3. Kaliammal ... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent in Se.Mu.Ka.E.3/22329/2009, dated 12.03.2010 confirming the order of the second respondent, quash the same and direct the respondents 1 and 2 allot the property bearing Plot No.288/2 Bharathidasan Street, T.V.Nagar, Thirumangalam, Chennai - 40 to the petitioner and put her in possession of the same.

For Petitioner : M/s.M.Kamalanathan For Respondent Nos.1 & 2 : M/s.D.Latha Standing Counsel For Respondent No.3 : M/s.D.Nagasaila

O R D E R

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in Se.Mu.Ka.E.3/22329/2009,

dated 12.03.2010 confirming the order of the second respondent, quash the same and direct the respondents 1 and 2 to allot the property bearing Plot No.288/2, Bharathidasan Street, T.V.Nagar, Thirumangalam, Chennai - 40 to the petitioner and put her in possession of the same.

2. The petitioner was allotted with a tenement in respect of Plot No.288. It appears that later it was cancelled and allotted in favour of somebody else without notice to the petitioner. Therefore, he filed an appeal and the same was rejected on 12.03.2010 in proceedings No.Se.Mu.Ka.E.3/22329/2009 by the first respondent. Challenging the same, she preferred the present Writ Petition.

3. During the pendency of the Writ Petition, it appears that another Scheme has been started by the respondents and the petitioner made a representation for allotting a tenement under the new Scheme. The second respondent, by its letter dated 30.12.2019, directed the petitioner to appear with required documents. Immediately, the petitioner furnished all the required documents and made a representation dated 19.02.2020.

4. The learned counsel for the petitioner would submit that the respondents are ready to consider the request of the petitioner for allotment of tenement in the new project. Pendency of the Writ Petition is stumbling block for the respondents to take a decision and to consider the request of the petitioner favourably. Therefore, the learned counsel for the petitioner would restrict his prayer into one of disposal of the representation made by her dated 19.02.2020.

5. Considering the limited request sought for by the petitioner, a direction is given to respondent Nos. 1 and 2 to consider the representation of the petitioner dated 19.02.2020 within a period of four (4) weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar asi

1. The Chairman and Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Estate Officer, TNSC Office (E.O.3), Thirumangalam, Chennai - 600 040.

+1cc to Mr.D.Latha, Advocate, S.R.No.21249 +1cc to Mr.R.Kamaraj, Advocate, S.R.No.21245 W.P.No.9452 of 2010 and M.P.No.1 of 2010 PL(CO) SB(20/04/2022)