S.Govindaraj v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.26089 of 2015 S.Govindaraj S/o.Late Sami Chettiyar, No.17/9, Kasiuram 'B' Block, 9th Street, Royapuram, Chennai - 600 013

...Petitioner

Vs

1. The Managing Director, Tamilnadu Slum Clearance Board, Kamarajar Salai, Chepauk, Chennai 600 005

2. The Estate Officer, Tamilnadu Slum Clearance Board, Chennai 600 005

3. The Estate Officer-I, Tamilnadu Slum Clearance Board, No.1, Ebrahim Salai, Chennai - 600 001.

4. The State of Tamilnadu rep by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai 600 009 (Suo Moto impleaded as per order dated 21.08.2015 in W.P.No.26089 of 2015)

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 06.05.2015 for payment of compensation for acquiring the petitioner's land measuring 400 sq.ft. in

S.No.3528 of Tondiarpet Village, Tondiarpet Revenue Division, Chennai District and situate at Kasipuram 3rd Street, Royapuram, Chennai 13.

For Petitioner : Mr.A.Ilaya Perumal For Respondents 1 to 3 : Mr.S.Prabhu For Respondent 4 : Mr.R.Rajeswaran, Special Government Pleader

O R D E R

Heard Mr.A.Ilayaperumal, learned counsel appearing for the petitioner, Mr.S.Prabhu, learned counsel appearing for the respondents 1 to 3 and Mr.R.Rajeswaran, learned Special Government Pleader appearing for the fourth respondent and with their consent, the Writ Petition is taken up for final disposal. 2.This Writ Petition has been filed praying for issuance of a Writ of Mandamus to direct the first respondent to consider the petitioner's representation, wherein he has claimed for payment of compensation in respect of an extent of 400 sq feet of land in Survey S.No.3528 of Tondiarpet Village, Tondiarpet Revenue Division, Chennai District and situate at Kasipuram 3rd Street, Royapuram, Chennai 13. The petitioner states that originally he and his brother Kuppuraj, owned the said land; that his brother died on 17.01.2002, leaving behind his daughters and sons and thereafter the land was acquired by the first respondent. However, those persons are not made as parties to this Writ Petition.

3. This Court will not go into the merits of the contentions. It would suffice that a direction is issued to the second respondent to consider the petitioner's representation and submit appropriate report to the first respondent within a period of eight weeks from the date of receipt of a copy of this order, after notice to all concerned on which the first respondent shall pass appropriate orders. Accordingly, this Writ Petition stands disposed of on the above terms. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

ds To:

1. The Managing Director, Tamilnadu Slum Clearance Board, Kamarajar Salai, Chepauk, Chennai 600 005

2. The Estate Officer, Tamilnadu Slum Clearance Board, Chennai 600 005

3. The Estate Officer-I, Tamilnadu Slum Clearance Board, No.1, Ebrahim Salai, Chennai - 600 001.

4. The Secretary to Government, State of Tamilnadu Housing and Urban Development Department, Secretariat, Chennai 600 009 +1 cc to Mr.A.Ilayaperumal, Advocate, sr.68228 +1 cc to Mr.S.Prabhu, Advocate, sr.68394 +1 cc to The Government Pleader, sr.68523 W.P.No.26089 of 2015 tm co kra 11.01.2016