Manikandan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI Manikandan S/o.Mr.Sivalingam, No.2/19, 2nd tent, Nochikuppam, Mylapore, Chennai - 600 004.

..Petitioner(s) Vs

1. The Managing Director, Tamil Nadu Slum Clearance Board, No.5, kamarajar Salai, Chennai - 600 005.

2. The Principal Secretary, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.

3. The Executive Engineer Tamil Nadu Slum Clearance Board, No.5, kamarajar Salai, Chennai - 600 005.

..Respondent(s) Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 09.01.2026 and to direct the 2nd respondent to allot a flat to the petitioner in the Nochikuppam Housing Scheme. For Petitioner(s):

Mr.M.Madhu Prakash For Respondent(s):

Mr.G.Venkatesan

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to consider the petitioner's representation dated 09.01.2026 and to direct the second respondent to allot a flat to the petitioner in the Nochikuppam Housing Scheme.

2. Heard the learned counsel appearing on either side. With the consent of both sides, the main Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that he belongs to the traditional fishing Community of Nochikuppam and his family resided in the coastal hamlet for generations and their livelihood is entirely dependent on the sea. Due to Tsunami, the petitioner's ancestral home was destroyed and the petitioner's father namely, Mr.Sivalingam was provided a temporary shelter as part of the Government's rehabilitation Scheme. While so, the petitioner's father left the locality and his whereabouts were not known and the petitioner, being his son and the sole legal heir of Mr.Sivalingam has continued to reside in the temporary dwelling, maintaining uninterrupted possession and fulfilling all criteria for permanent rehabilitation under the Tsunami Reconstruction Project.

Despite completion of the housing project and numerous personal representations of the petitioner, the respondents have failed to issue the formal allotment order to the petitioner, hence this present Writ Petition.

4. The learned counsel for the petitioner would submit that the respondents are attempting to allot the flats to the third parties and outsiders, who were never the residents of Nochikuppam and when the same was questioned, the authorities resorted to police, wherein false FIRs have been registered.

5. The learned counsel for the respondents submitted that the appropriate authority to consider the representation of the petitioner is the second respondent and there may be a direction to the second respondent to consider and pass appropriate orders on the petitioner's representation, within a reasonable time.

6. Considering the facts and circumstances of the case and also taking note of the submissions of the respective learned counsels, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 09.01.2026 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 the order, after providing opportunity to the necessary parties.

7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

18-03-2026 Index: Yes/No Speaking/Non-speaking order DP To

1. The Managing Director Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.

2. The Principal Secretary, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.

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

M.DHANDAPANI, J.

DP 18-03-2026