K.Sivasubaramani v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.15053 of 2022 & W.M.P.No.14275 of 2022 1.K.Sivasubaramani 2.RBakkiaraj 3.S.Rajendran 4.N.Parvathi 5.G.Kavitha 6.S.Kanchana 7.R.Baby Kamala 8.B.Pushpalatha 9.N.Ravichandran 10.R.Malliga 11.S.Kilara 12.S.Selvi 13.V.Andavan 14.N.Ganthamani 15.M.Thamarai 16.M.Lakshmi devi 17.S.Krishnan 18.K.Manimegalai 19.V.Ravichandran 20.V.Chithra Kala 21.M.Mahalakshmi 22.A.Ganesan 23.C.Kalidas 24.K.Balasundaram 25.R.Viswanathan 26.G.Anathakumar 27.A.Vijayakumar 28.N.Dhandapani 29.R.Anguraj 30.N.Kanmani 31.N.Lakshmanan 32.M.Saravanan 33.S.Vignesh 34.A.Saravanan 35.M.Sundaram 36.S.Srinivasan 37.G.Subulakshmi 38.R.Karunanidhi ... Petitioners vs.
1.The Secretary to Government, Housing and Urban Development Department, Secretary to Government, Saint George fort, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Slum Clearance Board, Now Tamil Nadu Urban Habitat Development Board, kamaraj Salai, Chennai - 600 005.
3.The Executive Engineer, Tamil Nadu Slum clearance Board, Now, Tamil Nadu Urban Habitat Development Board, No.397 A North Residence Area, Selvapuram North, Coimbatore - 641 026.
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the respondents to issue allotment order of the petitioners in pursuance to the membership card issued by the third respondent at IUDP Colony, Coimbatore based on the representation dated 10.05.2022.
For Petitioners : Mr.Abrar Md.Abdullah for Mr.L.P.Shanmuga sundaram For Respondent 1 : Mr.T.Seenivasan, Special Government Pleader For Respondents 2 & 3 : Mr.Babu Muthu Meeran, Standing counsel
ORDER
This writ petition has been filed for a mandamus seeking for a direction to the respondents to issue allotment order to the petitioners pursuant to the membership cards issued in their respective favour by the third respondent at IUDP Colony, Coimbatore.
2. According to the petitioners, identity cards have been issued by the respondents to the petitioners who are the eligible candidates. The petitioners are 38 in number. The Identity cards have also been filed along with this writ petition. The grievance of the petitioners is that despite issuance of identity cards for the petitioners, allotment of
tenements have not been made to them by the respondents. The petitioners have also given separate representations on 10.05.2022 requesting for allotment. Since the representations have not been considered till date, they have filed this writ petition.
3. Heard Mr.Abrar Md.Abdullah, learned counsel representing Mr.L.P.Shanmugasundaram, learned counsel for the petitioner, Mr.T.Seenivasan, learned Special Government Pleader appearing for the first respondent and Mr.Babu Muthu Meeran, learned Standing Counsel for the second respondent.
4. On instructions, learned standing counsel appearing for the respondents has placed before this Court the written instructions received by him from the Tamil Nadu Urban Habitat Development Board informing him that the Board is ready and willing to issue allotment orders to the respective petitioners provided that they make the necessary payment of Rs.1,30,000/- each.
5. Learned counsel for the petitioners on instructions would submit that the respective petitioners are willing to pay Rs.1,30,000/- each to the third respondent provided that the allotment orders are issued to them at the earliest.
6. After recording the undertaken given by the respondents through the learned Standing Counsel and after hearing submissions of the learned counsel for the petitioners, this Court directs the third respondent to issue allotment orders within a period of four weeks from the date of receipt of a copy of this Order. On receipt of the allotment orders, the respective petitioners will have to make the payment of Rs.1,30,000/- each within a period of four weeks thereafter. In case, the respective petitioners fail to pay the amount as stipulated supra, the allotments orders granted in their respective favour shall stand cancelled automatically.
7. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nl
To 1.The Secretary to Government, Housing and Urban Development Department, Secretary to Government, Saint George fort, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Slum Clearance Board, Now Tamil Nadu Urban Habitat Development Board, kamaraj Salai, Chennai - 600 005.
3.The Executive Engineer, Tamil Nadu Slum clearance Board, Now, Tamil Nadu Urban Habitat Development Board, No.397 A North Residence Area, Selvapuram North, Coimbatore - 641 026 +1 cc to Government Pleader Sr.NO. 39357 W.P.No.15053 of 2022 SV(CO) A.SK(04/07/2022)