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Madras High CourtWP/18765/2026disposed of

V.Srinivasan v. Tamil Nadu Urban Habitat Development Board

2026-06-02Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.20033 of 2026 V.Srinivasan S/o.Velliah, No.38, Ananda Velu Mudali Street, Perambur, Chennai-11.

..Petitioner(s) Vs

1. Tamil Nadu Urban Habitat Development Board Rep. by its President, Kamarajar Salai, Near Vivekananda House, Ayothiya Nagar, Triplicane, Chennai-05.

2. Executive Engineer (Division III) Tamil Nadu Urban Habitat Development Board, Vyasarpadi, Chennai-39.

..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st and 2nd respondents to allot the petitioner a flat in the multi-storied building to be constructed a shop in the realignment done as per the project in the TNSCB- Division 3, Vyasarpadi Murthingar Street Project area in lieu of the petitioner shop bearing Plot No. 169 Door No. 33 admeasuring an extent of 0.42.0 hectares or 375 sq.ft (15 into

25) in Murthingar Street, Vyasarpadi , Chennai 39. For Petitioner(s):

Mr.J.Suresh

For Respondent(s):

Mr.S.Karthikeyan Standing Counsel

ORDER

The present writ petition is filed praying for a writ of mandamus to direct the 1st and 2nd respondents to allot the petitioner a flat in the multistoried building to construct a shop in the realignment done as per the project in the TNSCB- Division 3, Vyasarpadi Murthingar Street Project area in lieu of the petitioner shop bearing Plot No.169 Door No.33 admeasuring an extent of 0.42.0 hectares or 375 sq.ft in Murthingar Street, Vyasarpadi, Chennai 39.

2. Learned counsel for petitioner would submit that petitioner was originally alloted a shop measuring an extent of 375 sq.feet at Murthingar Street, Vyasarpadi, Chennai 39. It is further stated that 1st respondent herein proposed 960 tenements at Murthingar Street and the petitioner's shop was a hindrance to the proposed construction. Petitioner was thus requested to vacate and handover possession of the said shop to Tamil Nadu Slum Clearance Board. He would also submit that the above request was made by the Tamil Nadu Slum Clearance Board vide communication dated 06.03.2013 wherein it was stated on completion of the tenemental scheme, petitioner's request for allotment of one shop measuring an extent of 375 sq.feet would be considered favourably.

3. It is the case of the petitioner that the aforesaid scheme has been completed, however, the petitioner has not been allotted any shop. It is further stated that petitioner submitted a representation on 06.04.2026, which has not been considered by the respondents till date. Learned counsel for petitioner would therefore request that the same may be considered keeping in view the communication dated 06.03.2013.

4. Learned counsel for the respondents would submit that the prayer in the writ petition is different from what is sought / requested during the course of arguments. He would point out that the prayer sought for in this writ petition is not for allotment of area for one shop measuring an extent of 375 sq.feet, instead a flat in the Multi-storey building. To which, the learned counsel for petitioner would submit that though the prayer in the writ petition has been differently worded, he would confine his prayer for allotment of a shop measuring an extent of 375 sq. feet in Murthingar Street, Vyasarpadi, Chennai39.

5. At the outset, learned counsel for respondents would submit that petitioner's representation dated 06.04.2026, seeking allotment of space for a shop measuring an extent of 375 sq. feet, would be considered and appropriate orders would be passed in accordance with law after affording a reasonable opportunity of hearing to petitioner and other interested parties, within a time

period to be stipulated by this Court. Agreed to by the learned counsel for petitioner.

6. In view thereof, the writ petition stands disposed of with a direction to the respondents to consider the petitioner's representation dated 06.04.2026 seeking allotment of area for a shop measuring an extent of 375 sq.feet and pass appropriate orders on merits and in accordance with law after affording a reasonable opportunity of hearing to petitioner and other interested parties. It is open to the petitioner while appearing for hearing to place reliance upon communication dated 06.03.2013 or for that matter any other document/proceedings including schemes in respect of their request for allotment of shop.

If any such document/ proceedings are placed for consideration, the same shall be considered and appropriate orders shall be passed by the respondents on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views on the merits of the case. No costs. Consequently, the connected miscellaneous petition is closed.

To:

1.The President, Tamil Nadu Urban Habitat Development Board, Kamarajar Salai, Near Vivekananda House, Ayothiya Nagar, Triplicane, Chennai-05.

2.Executive Engineer (Division III) Tamil Nadu Urban Habitat Development Board, Vyasarpadi, Chennai-39.

MOHAMMED SHAFFIQ J.

MKA 02-06-2026