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Madras High CourtWP/15014/2021disposed of

Jagatha v. The Managing Director

2024-02-08Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.15014 of 2021 Jagatha ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.

2.The Executive Engineer, Tamil Nadu Slum Clearance Board, Division-V, Chennai - 600 018.

3.Ekavalli @ Rani ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 02.03.2021 to delete the name of 3rd respondent from the allotment order instead of the petitioner's name and to stop to issue the house key and allotment order in favour of the 3rd respondent.

For Petitioner : Mr.G.Anbuchezheian For R1&R2 : Mrs.K.Indumathy Venkatesh Standing Counsel for TNUHDB For R3 : Mr.J.Manikandan

ORDER

The relief sought for in the present writ petition is to direct the 1st respondent to consider the petitioner's representation dated 02.03.2021 to delete the name of the 3rd respondent from the allotment order. 2.

Learned counsel for the respondents would submit that the petitioner has not submitted the Legal Heir Certificate, to establish her right. The Slum Clearance Board has already taken a decision to demolish the dilapidated buildings and constructed new buildings for the purpose of allotting the same to the eligible landless poor persons as per the rules in force.

3.

Therefore, if the petitioner is otherwise eligible, he is at liberty to submit all necessary documents to establish her right. Only in the event of establishing her right, the case of the petitioner is to be considered scrupulously, in accordance with law and rules in force. The respondents are

directed not to violate any of the conditions stipulated in the regulations or rules in force.

4.

With this observation, the Writ Petition stands disposed of. No order as to costs.

08.02.2024 veda Index : yes/no Speaking order/Non-speaking order : yes/no To 1.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.

2.The Executive Engineer, Tamil Nadu Slum Clearance Board, Division-V, Chennai - 600 018.

S.M.SUBRAMANIAM, J.

veda 08.02.2024