V.Vadivelu v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.11073 of 2024 V.Vadivelu ... Petitioner Vs.
1.
The Chairman, Tamilnadu Urban Habitat Development Board, (old named as Slum Clearance Board), No.5, Kamarajar Salai, (Near Vivekananda House), Chennai - 600 005.
The Estate Officer, Division -III, Tamilnadu Urban Habitat Development Board, (old named as Slum Clearance Board), Division 2 and 3 of the Estate Officer, (Near old T.P.Chathiram P.S.), T.P.Chathiram, Kilpauk, Chennai - 600 010.
The Thasildar, Purasai and Perambur Taluk, Perambur, Chennai - 600 011.
4.
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(Law and Order), G-5, Secretariat Colony Police Station, Chennai - 600 012.
5.
(Law and Order), P-2, Otteri Police Station, Chennai - 600 012.
... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, to direct the 1st and 2nd respondent herein to consider petitioner's representation dated 03.11.2023 and also direct the 2nd respondent to issue the Duplicate allotment order stands in the name of petitioner mother named as "Lakshmi" in vide allotment order No.386/01/6 with 8/83 in bearing house No.115 dated 19.08.1983 and further direct the 2nd respondent to allow the down payment by the petitioner for the said allotment.
For Petitioner : Mr.M.Jayakumar For R3 : Mr.K.Surendran Additional Government Pleader For R4 & R5 : Mr.S.Vinoth Kumar Government Advocate (Crl.side)
O R D E R
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Mr.M.Jayakumar, learned Counsel appearing on behalf of the petitioner would submit that the mother of the petitioner, who was the original allottee of a tenement died in the year 1993. Due to fire accident, the hut burnt and the petitioner lost all the documents. The petitioner states that his mother died leaving behind two legal heirs and subsequent monthly dues are paid by the petitioner to the Tamil Nadu Urban Habitat Development Board. However, the petitioner is unable to submit application for name transfer, since the documents were burnt during fire accident in the year 2002 and a police complaint was also registered.
Considering the special circumstances, the 1st and 2nd respondents are directed to verify the correctness of the allotment, conduct inspections, and thereafter consider the claim of the writ petitioner for effecting name transfer or allotment, as the case may be by following due procedures and in accordance with law. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
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24.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The Chairman, Tamilnadu Urban Habitat Development Board, (old named as Slum Clearance Board), No.5, Kamarajar Salai, (Near Vivekananda House), Chennai - 600 005.
The Estate Officer, Division -III, Tamilnadu Urban Habitat Development Board, (old named as Slum Clearance Board), Division 2 and 3 of the Estate Officer, (Near old T.P.Chathiram P.S.), T.P.Chathiram, Kilpauk, Chennai - 600 010.
The Thasildar, Purasai and Perambur Taluk, Perambur, Chennai - 600 011.
4.
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(Law and Order), G-5, Secretariat Colony Police Station, Chennai - 600 012.
5.
(Law and Order), P-2, Otteri Police Station, Chennai - 600 012.
S.M.SUBRAMANIAM,J.
veda Page No.5 of 6
W.P. No.11073 of 2024 24.04.2024 Page No.6 of 6