← Library
Madras High CourtWP/13380/2022disposed of

Umamaheshwari v. The Government Of Tamilnadu

2023-03-27Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P. No.12613 of 2022 and 8935 of 2022

1. Umamaheshwari

2. Vidhya

3. Indhrani

4. Sagunthala

5. Thamizhselvi

6. Pushpa

7. Aishwarya

8. Mala

9. Neela

10. Devi

11. Kumari

12. Rohini

13. Rani

14. Dinesh

15. Kalaiselvi

16. Vasantha

17. Ambika

18. SelvaRani

19. Kalaivani

20. Malarkodi

21. Indhu

22. Lakshmi

23. Rani 1/6

24. Nirmala

25. Malarvizhi

26. Kalaivani

27. Asha

28. Mariyammal

29. Menaga

30. Vijaya

31. Subramani

32. Dhanapakiyam

33. Pommi

34. Latha

35. Alammal ...

Petitioners vs.

1. The Government of Tamil Nadu Rep. by its Principal Secretary, Slum Clearance Board, [Presently known as "Tamilnadu Urban Habitat Development Board]", No.5, Kamarajar Salai, Chennai - 600 005.

2. The Managing Director, Tamilnadu Slum Clearance Board, [Presently known as "Tamilnadu Urban Habitat Development Board]"

No.5, Kamarajar Salai, Chennai - 600 005.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to re-allot houses in the NVN Nagar Project Area or some other project, which is nearby in the Anna Nagar Area based on the Petitioners representations dated 31.01.2020 and 17.05.2022.

2/6

For Petitioner : Mr.R. Sivaraman For Respondents : Mr.M.Alagu Goutham, Government Advocate for R1

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to respondents to re-allot houses in the NVN Nagar Project Area or some other project, which is nearby in the Anna Nagar Area based on the Petitioners representations, dated 31.01.2020 and 17.05.2022.

2. It is the case of the petitioners that they are the residents of Sathya Sai Nagar, Thirumangalam, Anna Nagar, Chennai. That being so, the petitioners were allotted houses at Perumbakkam Project, which is 40 kms away from Thirumangalam, Chennai and hence on 27.11.2019, they have been directed to vacate from the said residential area. Aggrieved over the same, the petitioners submitted a joint representation to the respondents on 31.01.2020 and 17.05.2022. However, the same has not been responded by the respondents, till date, hence this writ petition has been filed with the aforesaid prayer.

3/6

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioners' representations dated 31.01.2020 and 17.05.2022 and pass orders on merits within a particular time frame to be fixed by this Court.

4. The learned Government Advocate appearing for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Considering the limited relief as sought for by the petitioner, this Court without going into the merits of the case, directs the respondents to consider the representations of the petitioner dated 31.01.2020 and 17.05.2022 and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioners, within a period of four weeks from the date of receipt of a copy of this order. 4/6

7. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 27.03.2023 Index: Yes/ No Speaking order / Non speaking order vsi2 To

1. The Principal Secretary, The Government of Tamil Nadu Slum Clearance Board, [Presently known as "Tamilnadu Urban Habitat Development Board]", No.5, Kamarajar Salai, Chennai - 600 005.

2. The Managing Director, Tamilnadu Slum Clearance Board, [Presently known as "Tamilnadu Urban Habitat Development Board]"

No.5, Kamarajar Salai, Chennai - 600 005.

5/6

M.DHANDAPANI, J.

vsi2 27.03.2023 6/6