R.Ezhilarasi v. The Tamilnadu Slum Clearance

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.3407 OF 2013 R.Ezhilarasi ... Petitioner .Vs.

The Tamil Nadu Slum Clearance Board, Rep.by its Managing Director, Kamarajar Street, Chennai - 600 005.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondent herein to consider and pass orders on the petitioner representation dated 26.02.2010 in accordance with law. For Petitioner :

M/s.K.R.Shanthakumari For Respondent :

Mr.S.Prabhu for SCB

O R D E R

According to the petitioner, the plot No.23, bearing Door No.25, Avvaipuram, Shenoy Nagar, Chennai - 600 030, absolutely belongs to the Tamil Nadu Slum Clearance Board. The Board, in turn, allotted the same to the maternal grandfather of the petitioner. His legal heirs and the petitioner are jointly living in the said plot by putting up construction. Since the petitioner's father is eldest male member in the family, the Board issued allotment order in favour of him. But, he, in order to helps his concubine sons and daughters, is trying to evict the beneficiaries of the allotment. Therefore, the petitioner along with her sister and brother, made a representation to the respondent on 26.02.2020 requesting not to execute a sale deed in favour of her father in respect of the subject property and allot the same in their favour. Since the said representation was not considered, she has come up with this writ petition https://hcservices.ecourts.gov.in/hcservices/

seeking a mandamus to pass orders on the same, in accordance with law.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent.

3. Considering the limited relief sought herein, this court, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 26.02.2010, if not considered earlier and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar av To The Managing Director, The Tamil Nadu Slum Clearance Board, Kamarajar Street, Chennai - 600 005.

+1cc to Mr.S.Prabhu, Advocate, S.R.No.38918 W.P.NO.3407 OF 2013 JP-II(CO) PBS/13/10/2021 https://hcservices.ecourts.gov.in/hcservices/