Madras High CourtWP/13840/2014disposed of

J.Suganthi, v. The Chairman,

2016-08-02Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.13840 of 2014 and M.P.No.1 of 2014 J. Suganthi .. Petitioner Vs.

1.The Chairman Tamil Nadu Slum Clearance Board Kamaraj Salai Chennai-600 005.

2.The Estate Officer-V, Tamil Nadu Slum Clearance Board T.P.Chathiram Chennai-600 010.

3.Mrs.V. Saroja .. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner, dated 15.5.2014 and to issue assignment order in her favour and permit the petitioner to run the Bunk Stall at 2nd Cross Street Junction, T.P. Chathiram Main Road, Chennai-30.

For Petitioner : Mr.S.L. Venkatesan for M/s.Dr.G.Krishnamurthy For Respondents Nos.1 and 2 : Mr.S. Prabhu For Respondent No.3 : Mr.P.N. Radhakrishnan

ORDER

Heard the learned counsel, appearing on behalf of the petitioner, as well as the learned counsel, appearing on behalf of the respondents.

2. This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner, dated 15.5.2014, and to issue an assignment order in her favour and permit the https://hcservices.ecourts.gov.in/hcservices/

petitioner to run the Bunk Stall at 2nd Cross Street Junction, T.P. Chathiram Main Road, Chennai-30.

3. Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel, appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 15.05.2014, on merits and in accordance with law, within the time frame, as may be fixed by this Court.

4. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the first respondent to dispose of the representation of the petitioner, dated 15.5.2014, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner and the third respondent, as well as the other persons concerned, if any. The petitioner shall furnish a copy of the representation, dated 15.5.2014, to the first respondent, along with a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the matter, by passing this order.

5. The writ petition is disposed of, with the above directions. No costs. Consequently, connected M.P. is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rnb To 1.The Chairman Tamil Nadu Slum Clearance Board Kamaraj Salai Chennai-600 005.

2.The Estate Officer-V, Tamil Nadu Slum Clearance Board T.P.Chathiram Chennai-600 010.

1 cc to Mr.S.V.S.Ilamvazhuthi, Advocate, sr.43849 1 cc to Mr.S.Prabhu, Advocate, sr.43979 W.P.No.13840 of 2014 and M.P.No.1 of 2014 msm co kra 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/