Madras High CourtWP/22404/2017disposed of

N.Sathiyakumari, v. The Secretary To Government,

2017-08-22Honourable Mr Justice M.Duraiswamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.22404 of 2017 & W.M.P.Nos.23499 & 23500 of 2017 N.Sathiyakumari ... Petitioner v.

1. The Secretary to Government Department Housing and Urban Development Department Secretariat Fort St. George Chennai - 600 009.

2.The Chairman Tamil Nadu Slum Clearance Board Kamaraj Salai Chennai - 600 005 3.The Estate Officer Tamil Nadu Slum Clearance Board R.K.Mutt Road Mandaveli Chgennai - 600 028 4.The Administrative Engineer Tamil Nadu Slum Clearance Board Kamaraj Salai Chennai - 600 005 ... Respondents

Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 3rd and 4th respondents herein to allot first floor in the same block or any other block which is easily access to petitioner in Door No.97/4, Nochikuppam, Mylapore, Chennai - 600 005.

For Petitioner : Mr.B.Singaravelu For Respondents : Mr.R.Rajeswaran Special Government Pleader - for R1 Mr. S. Prabhu Standing Counsel - for R2 to R4

O R D E R

Mr.R.Rajeswaran, learned Special Government Pleader, takes notice for the 1st respondent and Mr.S.Prabhu, learned Standing Counsel takes notice for the respondents 2 to 4. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 3 and 4 to allot first floor in the same block or any other block, which has easy access to petitioner, in Door No.97/4, Nochikuppam, Mylapore, Chennai - 600 005.

3. The learned counsel appearing for the petitioner submitted that the petitioner has given a representation dated 14.5.2017 along with relevant documents, however, the 4th respondent has not considered the same yet.

4. Mr. Prabhu, learned Standing Counsel appearing for the respondents 2 to 4 submitted that the petitioner may be directed to submit a fresh representation to the 2nd respondent along with relevant documents and in such an event, the 2nd respondent may be directed to consider the petitioner's representation and the documents to be produced by the petitioner and pass orders, in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the petitioner to submit a fresh representation along with relevant documents to the 2nd respondent in support of her claim, within one week from the date of receipt of a copy of this order and on receipt of the same, the 2nd respondent is directed to consider the same and pass orders, in accordance with law

within a period of four weeks thereafter.

With these observations, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 22.08.2017 Index : Yes/No Note: Issue order copy by 24.08.2017 Rj To

11. The Secretary to Government Department Housing and Urban Development Department Secretariat Fort St. George Chennai - 600 009.

2.The Chairman Tamil Nadu Slum Clearance Board Kamaraj Salai, Chennai - 600 005 3.The Estate Officer Tamil Nadu Slum Clearance Board R.K.Mutt Road, Mandaveli Chgennai - 600 028 4.The Administrative Engineer Tamil Nadu Slum Clearance Board Kamaraj Salai, Chennai - 600 005

M.DURAISWAMY, J.

Rj W.P.No.22404 of 2017 & W.M.P.Nos.23499 & 23500 of 2017 22.08.2017