S.Valliammal v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.6199 of 2020 S.Valliammal W/o.Late Subramani

...Petitioner

Vs.

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

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to consider the representation dated 23.12.2019 and dispose the same within the specific period prescribed by this Court.

For Petitioner :

Mr.E.Sivanandan For Respondent :

Mr.M.Rajasekar standing counsel

O R D E R

Mr.M.Rajasekar, learned standing counsel takes notice for the respondent. By consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a mandamus directing the respondent to consider the representation of the petitioner dated 23.12.2019, wherein and whereby, she sought for allotment of a property measuring an extent of 300 sq.ft. in her favour.

3. According to the petitioner, after the demise of her father-in-law by name Mangali in the year 1968, the property measuring to an extent of 910 sq.ft was divided between the legal heirs viz., M.Subramani, M.Krishnan and M.Arumugam. It is stated that the petitioner and her two brothers-in-law were in https://hcservices.ecourts.gov.in/hcservices/

possession and enjoyment of the said property. It is further stated that the petitioner's husband by name M.Subramani expired in the year 2016. It is further stated that the petitioner's brothers-in-law are trying to evict the petitioner from the said property, since there is no allotment in her favour. Hence, the petitioner made a representation on 23.12.2019 to the respondent seeking such allotment. The grievance of the petitioner before this Court is that the said representation has not been considered by the respondent so far. Hence, the present writ petition is filed.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondent to consider and decide. Thus, this Writ Petition is disposed of, only with a direction to the respondent to consider the representation of the petitioner dated 23.12.2019 and pass orders on the same on merits and in accordance with law, after conducting due enquiry and hearing all the parties. Such exercise shall be done by the respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar mk To The Chairman Tamil Nadu Slum Clearance Board Kamarajar Salai Triplicane, Chennai-600 005.

+1cc to Mr.M.Rajasekar, Advocate, Sr.No.21753 +1cc to Mr.E.Sivanandan, Advocate, Sr.No.21376 W.P.No.6199 of 2020 MP(CO) GS(27/05/2020) https://hcservices.ecourts.gov.in/hcservices/