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Madras High CourtWP/8719/2023disposed of

G.Balaji v. The Administrative Director

2023-03-20Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NOs.8719 & 8721 of 2023 G.Balaji .....Petitioner in W.P.No.8719 of 2023 G.Mahendran .....Petitioner in W.P.No.8721 of 2023 Vs

1. The Administrative Director, Tamil nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.

2. The Estate Officer, Estate Office, Tamilnadu Slum Clearance Board, Mylapore, Chennai-600 004.

3. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.

......Respondents in both petitions

PRAYER: Petitions filed under Article 226 of the Constitution of India to issue an Order or Direction in the nature of writ more particularly, a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 23.02.2023 and accordingly order for the allotment for Tenement (Plot No.390) Door No.9, at Periyar Nagar, Part I, Tharamani, Chennai, in terms of the G.O.(Ms) 804/1993, (Housing and Urban Development Department) dated 23.09.1993, which was in existence at the relevant period of time.

For petitioner : M/s. S.Baskaran For Respondents : Mr. M.Babu Muthu Meeran, for Tamilnadu Slum Clearance Board C O M M O N

O R D E R

Since the issue involved in both Writ Petitions are one and the same, these petitions are taken up for final disposal.

2. Writ Petitions in W.P.Nos.8719 & 8721 of 2023 have been filed seeking a direction to the respondents to consider the petitioners' representation which was made on 23.02.2023 seeking for allotment of

tenement (Plot No.390) Door No.9, at Periyar Nagar, Part I, Tharamani, Chennai, in terms of G.O.(Ms) No.804 of 1993 (Housing and Urban Development Department) dated 23.9.1993.

3. Mr.E.M.Babu Muthu Meeran, learned Standing Counsel takes notice for Respondents .

4. It is the case of the petitioners that they made representations on 23.02.2023 seeking for allotment of tenement bearing Plot No.390, Door No.9, at Periyar Nagar, Part I, Tharamani, Chennai, in terms of G.O.(Ms) No.804 of 1993 (Housing and Urban Development Department) dated 23.9.1993. However, till date, no action has been taken on the same. Hence, these Writ Petitions.

5. Though very many grounds have been raised, the learned counsel for the petitioners submitted that it would suffice if this Court issues a direction to the respondents to consider the representation made by the petitioner on 23.02.2023 seeking allotment of the aforesaid tenement and pass appropriate orders on the same on merits and in accordance with law.

6. On the above contention, this Court heard the learned Standing Counsel appearing for respondents.

7. In view of the limited relief sought for by the petitioners, this Court without going into the merits of the case, directs the 1st respondent to consider the representation made by the petitioners in respective Writ Petitions seeking allotment of tenement in terms of G.O.(Ms).No.804 of 1993, Housing and Urban Development Department and pass appropriate orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

8. These Writ Petitions are disposed of with the aforesaid direction. There shall no order as to costs.

20.03.2023 Index : Yes/No Internet : Yes NHS

To

1. The Administrative Director, Tamil nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.

2. The Estate Officer, Estate Office, Tamilnadu Slum Clearance Board, Mylapore, Chennai-600 004.

3. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.

M.DHANDAPANI, J.

NHS W.P.NOs.8719 & 8721 of 2023 20.03.2023