Madras High CourtWP/24482/2015disposed of

S.Kanagaraj v. The Government Of Tamil Nadu

2015-08-13Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.24482 of 2015

1. S.Kanagaraj

2. Latha

3. Lingeswari

4. Jayamani

5. A.Madhan

6. Seeniyammal

7. Vellaiyammal .. Petitioners Vs.

1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of Housing and Urban, Secretariat, Chennai-600 009.

2. The Tamil Nadu Slum Clearance Board, Rep. by its Chairman/Member Secretary, Rajaji Salai, Chennai-600 005.

3. Administrative Engineer The Tamil Nadu Slum Clearance Board-Division-1, Rajaji Salai, Chennai-600 005.

4. The Estate Officer, Estate Office-1, The Tamil Nadu Slum Clearance Board, Chennai-600 001.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance a Writ of Mandamus to direct the respondents 1 to 4 to allot and earmark the house plots to the petitioners herein based on the selection made and payment of the first instalment, paid on 18.03.1998, by considering their representation, dated 01.06.2015, within stipulated time. For Petitioners .. Mr.K.Balu For Respondents .. Mr.S.Diwakar, Addl.G.P. for R-1 Mr.B.Kesavan for RR-2 to 4

ORDER

It is the case of the petitioners that the first instalment having been paid pursuant to the selection of the Plots made in favour of them, no allotment had been made by the respondents and hence, they have sent representations, dated 05.04.2015 (to the Minister for Housing and Urban Development Department, Secretariat, Chennai) and 01.06.2015 to the respondents herein, and since no action had been taken on the said representations, the petitioners have filed this Writ Petition to direct the respondents 1 to 4 to allot and earmark the house plots to the petitioners herein based on the selection made and payment of the first instalment on 18.03.1998, by considering their representation, dated 01.06.2015, within stipulated time. Learned counsel for the petitioners submitted that the said pending representation dated 01.06.

2015 may be directed to be disposed of by the respondents, as agreed by the learned Additional Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the respondents 2 to 4/TNSCB. Accordingly, without going into the merits of the case, a direction is issued to the respondents 2 to 4/TNSCB to consider the said representation dated 01.06.

2015 of the petitioners, under the instructions of the first respondentPrincipal Secretary to Government, Department of Housing and Urban Development, Secretariat, Chennai, and the respondents shall pass appropriate orders, on merits and in accordance with law, after giving an opportunity of hearing to the petitioners and aggrieved parties, if any, within a period of eight weeks from the date of receipt of a copy of this order or on production of a copy of this order by the petitioners, along with a copy of the said representation dated 01.06.2015, whichever is earlier. The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst.

1. The Principal Secretary, Government of Tamil Nadu, Department of Housing and Urban, Secretariat, Chennai-600 009.

2. The Chairman/Member Secretary, The Tamil Nadu Slum Clearance Board, Rajaji Salai, Chennai-600 005.

3. The Administrative Engineer The Tamil Nadu Slum Clearance Board-Division-1, Rajaji Salai, Chennai-600 005.

4. The Estate Officer, Estate Office-1, The Tamil Nadu Slum Clearance Board, Chennai-600 001.

1 cc to Mr.K. Balu, Advocate, Sr. 42501 1 cc to Mr.B. Kesavan, Advocate, Sr. 42478 1 cc to Government Pleader, Sr. 42809 W.P.No.24482 of 2015 GR (CO) kk 7/9