R.Senthil, v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition Nos.2731 & 2732 of 2018 and WMP.Nos.3373 & 3374 of 2018 R.Senthil Son of Ramalingam .. Petitioner (in WP.No.2731 of 2018) R.Vikram Son of Ramalingam .. Petitioner (in WP.No.2732 of 2018) versus 1.The Government of Tamil Nadu Represented by its Secretary Home Department Fort Saint Georg, Chennai-600 009.
2.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chennai-600 005.
.. Respondents (in WP.Nos.2731 & 2732 of 2018) Writ petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first and second respondents to allot a house to the petitioner in Tamil Nadu Slum Clearance Buildings, Marina Thitta Pakudhi, Nochi Nagar, Mylapore, Chennai-600 004 For Petitioner : Mr.G.Veerapathiran in both WPs For Respondents : Mr.E.Balamurugan in both Wps Additional Government Pleader for R1 Mr.R.Sivakumar for R2 C O M M O N O R D E R Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the first respondent. Mr.R.Sivakumar, learned counsel takes notice for the second respondent. By consent of
the parties, these main writ petitions are taken up for final disposal at the admission stage themselves.
2. In both these writ petitions, the respective writ petitioners seek for mandamus directing the respondents to allot a house each to the petitioners in Tamil Nadu Slum Clearance Buildings, Marina Thitta Pakudhi, Nochi Nagar, Mylapore, Chennai-600 004.
3. The case of the petitioners is as follows:- The petitioners were originally residing in Nochi Nagar, Mylapore, Chennai, and they are fishermen. Pursuant to Tsunami affected in the year 2004, their huts were destroyed and consequently, they were allotted an alternative and temporary allotment at a different place, however, with an assurance that they will be allotted permanent house later. Now, the grievance of the petitioners is that instead of allotting permanent allotment in the same area where they were originally residing, the respondents have allotted in a different place far away from their original residence. Ventilating such grievance, the petitioners have made their representations to the respondents on different occasions, out of which, last two were made on 10.08.2017 & 05.07.2017 respectively.
Therefore, the petitioners seek for allotting a house for each of them in the area, in which, they were originally residing.
4. Needless to say that it is for the respondents to consider and decide the grievance of the petitioners on merits, as this Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, since the petitioners representations are yet to be considered. Accordingly, both the writ petitions are disposed of, only with a direction to the respondents to consider the request of the petitioners and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioners, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar /true copy/ Sub Assistant Registrar mk
To 1.The Government of Tamil Nadu Represented by its Secretary Home Department Fort Saint George Chennai-600 009.
2.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai, Chennai-600 005.
3 ccs to Mr.G.Veerapathiran, Advocate, Sr. 9579 1 cc to Government Pleader, Sr. 10282 2 ccs to MR.R.Sivakumar, Advocate, Sr. 9849 W.P.Nos.2731 & 2732 of 2018 kk 17/2