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Madras High CourtWP/8915/2017disposed of

M.I.Abdul Masjid, v. Tamilnadu Slum Clearance Board

2017-04-13Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2017

CORAM

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.8915 of 2017 and W.M.P.No.9835 of 2017 M.I.Abdul Masjid ... Petitioner Vs.

1.Tamil Nadu Slum Clearance Board, rep by its Chairman, Kamarajar Salai, Chennai - 600 005.

2.Estate Officer-5, Tamil Nadu Slum Clearance Board, Teynampet, Chennai - 600 018.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to consider and pass order on the representation dated 05.03.2014, 29.10.2015, 22.03.2016 and 03.03.2017 either to consider execution of the Sale Deed or issue No Objection Certificate for carrying out demolition and reconstruction and to obtain amenities like electricity, water supply and sewerage to the shop portion in Shop No.1 to 4, Sivan Koil Street, Kodambakkam, Chennai - 24 expeditiously in accordance with law. For Petitioner : Mr.D.S.Rajasekaran For Respondents : Mr.Kesavan

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to consider and pass order on the representation dated 05.03.2014, 29.10.2015, 22.03.2016 and 03.03.2017 either to consider execution of the Sale Deed or issue No Objection Certificate for carrying out demolition and reconstruction and to obtain amenities like electricity, water supply and sewerage to the shop portion in Shop No.1 to 4, Sivan Koil Street, Kodambakkam, Chennai - 24 expeditiously in accordance with law.

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2.Mr.Kesavan, learned counsel taking notice for the respondents submitted that the 2nd respondent may be directed to consider the petitioner's representations in accordance with law and pass orders.

3.The learned counsel appearing for the petitioner submitted that though the petitioner has given his first representation as early as on 05.03.2014, the respondents have not considered the same yet.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representations dated 05.03.2014, 29.10.2015, 22.03.2016 and 03.03.2017 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of the copy of this order. 5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar va To 1.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

2.Estate Officer-5, Tamil Nadu Slum Clearance Board, Teynampet, Chennai - 600 018.

+1 CC to Mr.D.S.Rajasekaran, Advocate Sr.No.22466 W.P.No.8915 of 2017 and W.M.P.No.9835 of 2017 LRS(CO) KP(20/04/2017) https://hcservices.ecourts.gov.in/hcservices/