Manjula v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.15785 of 2023 Manjula

...Petitioner

Vs.

1.

The Managing Director, 2.

The Principal Secretary,

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representations dated 09.08.2016 and 29.11.2022 and to direct the 2nd respondent to allot a house in the Nochikuppam Housing Scheme. For Petitioner : Mr.M.Madhuprakash For Respondents : Mr.G.Venkatesan, for R1 : Mr.E.Veda Bagath Singh, Spl.GP, for R2 1/6

O R D E R

This Writ petition has been filed seeking direction to the 1st respondent to consider the petitioner's representations dated 09.08.2016 and 29.11.2022 and to for a consequential direction to the 2nd respondent to allot a house in the Nochikuppam Housing Scheme.

2. Mr.G.Venkatesan, learned counsel takes notice for the 1st respondent. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice for the 2nd respondent. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that, during Tsunami, the petitioner's hut was washed away and she lost all her belongings, for which, the petitioner was allotted with temporary shelter No.62 by the Government vide order dated 24.11.2010 bearing Sa.Mu.Ka.No.M5/17960/2009. While so, the petitioner received a communication from the respondents stating that the petitioner was allotted with a flat at Kanagi Nagar. Upon receipt of the said communication, the petitioner made a representation dated 09.08.2016 2/6

before the 1st respondent, requesting to allot the petitioner with a flat at Nochikuppam, since Kanagi Nagar is far away from Nochikuppam, however, there was no response. Aggrieved by the inaction on the part of the 1st respondent, the petitioner made another representation dated 29.11.2022 before the 1st respondent, however, till date no orders have been passed on the same. Hence, this Writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representations dated 09.08.2016 & 29.11.2022 and to consequently direct the 2nd respondent to allot a house in the Nochikuppam Housing Scheme in favour of the petitioner, as expeditiously as possible.

5. Learned counsel appearing for the respective respondents submitted that appropriate orders will be passed on the petitioner's representations dated 09.08.2016 & 29.11.2022 within the time stipulated by this Court.

6. In view of the limited request made by the learned counsel for the 3/6

petitioner, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's representations dated 09.08.2016 & 29.11.2022 on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

7. Accordingly, this Writ petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed. 05.06.2023 skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To 1.

The Managing Director, 2.

The Principal Secretary, 4/6

M.DHANDAPANI, J.

skt and WMP.No.15785 of 2023 5/6

05.06.2023 6/6