Chintadripet Koovam v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.07.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.23556 of 2017 and WMP.No.24708 of 2017 Chintadripet Koovam Nadhikaraiyora Siru Thozhil Paadukaappu Sangam (Society registered under Societies Act) rep. by its President, No.133/1, West Coovam River Salai, Chennai-2.
...Petitioner
Versus
1.The State of Tamil Nadu rep. by its Secretary, Public Works Department, Fort St. George, Chennai-9.
2. The District Collector, Chennai District, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai-1.
3. The Executive Engineer, Public Works Department, Cooum Basin Sub-Division, Chepauk, Chennai-5.
4. Executive Engineer, Chennai Special Division-III, Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-5.
... Respondents Prayer:
Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to make a comprehensive enumeration of all the members of petitioner's Association who are the occupants of Auto Nagar Project Area and to allot to each of them alternative developed sites proportionate to their current holding of not less than 650 sq.ft. of plot size each and to forbear the respondents from making piecemeal allotment of alternative sites to the occupants of West Coovam River Salai,
East Coovam River Salai and Dams Salai in Chintadripet, Chennai (referred to as ''Auto Nagar Project area''). For Petitioners : Mr.G.S.Vivekmani for M/s.Giridhar and Sai For Respondents : Mr.A.Kumar, Additional Advocate General assisted by Mr.R.Govindasamy Special Government Pleader for R1 to 3 Mr.R.Sivakumar, Standing Counsel for R4
O R D E R
The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to make a comprehensive enumeration of all the members of petitioner's Association who are the occupants of Auto Nagar Project Area and to allot each of them alternative developed sites proportionate to their current holding of not less than 650 sq.ft. of plot size and to forbear the respondents from making piecemeal allotment of alternative sites to the occupants of West Coovam River Salai, East Coovam River Salai and Dams Salai in Chintadripet, Chennai (referred to as ''Auto Nagar Project area''). 2.
When the matter was taken up for hearing, the learned Additional Advocate General appearing for the respondents 1 to 3 submitted that the request of the petitioners for grant of alternate accommodation has been considered and all of them have already been issued with allotment orders granting them alternate accommodations. Therefore, nothing survives in the matter.
(*)3.This matter is taken up under the caption "for being mentioned" at the instance of the learned counsel for the petitioners and Mr.A.Kumar, learned Additional Advocate General for the respondents.
4. It is stated by the counsel for the petitioners that the proceeding dated 19.02.2018 of the first respondent / the Secretary, Public Works Department, Chennai, says that the petitioners would be alloted with alternative accommodation on production of certain documents Viz., Aadhar card, Ration Card, Voter ID, etc. However, it is clarified by the learned Additional Advocate General for the respondents that on production of such documents as stated in the proceedings dated 19.02.2018, the petitioners would be entitled to take possession of their respective Plot.
5. Another grievance of the Petitioners is that the
petitioners may be given two months period to taken possession of the alternative accommodation given from the present accommodation. Replying to the said submission, Mr.A.Kumar, learned Additiona Advocate General emphatically stated that since the alternative accommodation has already been given to the petitioners, they will have to move into the alternative accommodation, hence, they cannot seek for two months time for vacating the present accommodation as they will be permitted to take possession of the same immediately on production of certain documents such as ration card, Aadhar card, etc., as stated in the proceedings dated 19.02.2018.
6. It is also the further grievance of the petitioners that the respondents have allotted 300 sq.ft. On free of cost to some of the petitioners, however, they have not mentioned anything about the persons allotted with more then 300 sq.ft., therefore, this aspect may be clarified. Clarifying this argument, learned additional Advocate General stated that each allottee is entitled to the allotment to an extent of 300 sq.ft. On free on cost, however, if any one is seeking more space, on payment of Rs.650/- per sq.ft., they can approach the authorities with an application and thereafter, the same will be considered subject to the availability of the plot in question.
7.
Recording the said statement of the learned Additional Advocate General appearing for the respondents 1 to 3, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(CS-iv) (*)Para 3 to 6 are incorporated as per order dated 02/03/2018 //True Copy// Sub Assistant Registrar tsi
To 1.The Secretary, State of Tamil Nadu, Public Works Department, Fort St. George, Chennai-9.
2. The District Collector, Chennai District, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai-1.
3. The Executive Engineer, Public Works Department, Cooum Basin Sub-Division, Chepauk, Chennai-5.
4. Executive Engineer, Chennai Special Division-III, Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai-5.
+1cc to the Government Pleader, S.R.No. 54738 +2cc to Mr.Giridhar & sai, Advocate, S.R.No.52967 & 52081 +1cc to Mr.R.SIVAKUMAR, Advocate, S.R.No.52481 W.P.No.23556 of 2017 TR(24/08/2018)