Ambika v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03-06-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION Nos.15587 to 15590 of 2015 and M.P.Nos.1, 1, 1 and 1 of 2015 Ambika .. Petitioner in WP No.15587/2015 D.Maheswari .. Petitioner in WP No.15588/2015 S.Krishnaveni .. Petitioner in WP No.15589/2015 Panchalai .. Petitioner in WP No.15590/2015 vs 1.The Government of Tamil Nadu Rep. By its Secretary to Government Housing and Urban Development Fort St. George, Secretariat Chennai 9 2.Managing Director Tamil Nadu Slum Clearance Board Kamarajar Salai Chepauk, Chennai 5.
3.The District Collector Chennai District Rajaji Salai, Chennai 4.The Special Deputy Collector L.A. Works Madras City, Madras 1 5.V.R.Venkatachalam .. Respondents in all petitions Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to regularize the scheme in pursuance of the notification dated 19.9.1978, and allot the house site and execute the sale deed in favour of the petitioners' possession bearing Door Nos.64B, 42A, 70A and 64A, Rajupillai Thottam, Mambalam High Road, T.Nagar, Chennai 17 respectively, as per the Slum Clearance Act.
For Petitioner : Ms.D.Malarvizhi For Respondents : Mr.M.Digvijaya Pandian Additional Government Pleader for RR1, 3 and 4 Mr.B.Kesavan for R2 COMMON ORDER By consent, the writ petitions are taken up for final disposal.
2.The petitioners claim that they are in possession and occupation of respective lands in the area called "Rajupillai Thottam" in T.Nagar, Mambalam/Guindy Taluk, Chennai 17, which has been declared as "Slum" under the provisions of Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, (Tamil Nadu Slum Clearance Act, 1971), and they have also put up independent superstructure and residing there for so many years. The petitioners would further claim that they are hailing from Lower Income Group, and they submitted independent representation for regularisation of their possession and since no response is forthcoming, came forward to file these writ petitions.
3.The learned Counsel appearing for the petitioners, has drawn the attention of this Court to the order dated 15.4.2015, made in W.P.No.10840/2015, wherein, this Court, in the similar facts and circumstances, permitted the petitioner therein to submit a fresh representation and further issued a direction to the authorities to consider and pass orders on the same and prays for similar orders. 4.The Court heard the submissions of Mr.M.Digvijaya Pandian, learned Additional Government Pleader, who accepted notice for the respondents 1, 3 and 4 and Mr.B.Kesavan, learned Counsel, who accepted notice for the second respondent, also. 5.This Court, without going into the merits of the claim projected by the petitioners, permits the petitioners to submit individual fresh representations to the second respondent viz.
Tamil Nadu Slum Clearance Board, within a period of two weeks from the date of receipt of a copy of this order, and the second respondent, on receipt of the same, is directed to consider the it in accordance with law and pass orders within a period of three months thereafter and communicate the decision taken, to the petitioners. The writ petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
To:
1.The Secretary to Government Housing and Urban Development Fort St. George, Secretariat Chennai 9 2.The Managing Director Tamil Nadu Slum Clearance Board Kamarajar Salai Chepauk, Chennai 5.
3.The District Collector Chennai District Rajaji Salai, Chennai 4.The Special Deputy Collector L.A. Works Madras City, Madras 1.
+1cc to Mr.R. Margabandhu, Advocate, S.R.No.26730 +1cc to Mr.B. Kesavan, Advocate, S.R.No.26383 +1cc to the Government Pleader, S.R.No.26422 SR(CO) EU(17/06/2015) W.P.Nos.15587 to 15590 of 2015