K.Premavathi v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.16857 of 2020 And W.M.P.No.20913 of 2020 K.Premavathi ... Petitioner Vs.

1. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai - 600 005.

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

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to issue allotment order under Chennai, Guindy, Bharathi Nagar Scheme undertaken by the respondent board in respect of plot no.80, Bharathi Street, Bharathi Nagar, Guindy, Chennai 600 032 in terms of resolution of the respondent board dated 17.10.2016 and made in board resolution No.5.04/477.

For Petitioner : Mr.G.Ravisankar For Respondents : M/s.D.Latha

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to issue allotment order under Chennai, Guindy, Bharathi Nagar Scheme undertaken by the respondent board in respect of plot no.80, Bharathi Street, Bharathi Nagar, Guindy, Chennai 600 032 in terms of resolution of the respondent board dated 17.10.2016 and made in board resolution No.5.04/477.

2.The case of the petitioner is that the State Government issued G.O.No.854, Revenue Department, dated 30.12.2006,

directing to issue patta to the persons who are in possession of the Government lands for more than 10 years. The petitioner is in possession of the subject property for more than 30 years and has been paying necessary taxes from the year 2000. Hence, the petitioner applied to the respondents for allotment order and the respondents also conducted enquiry and the second respondent issued circular based upon the board resolution dated 17.10.2016 to issue allotment order in respect of persons residing in the subject area for more than 30 years on payment of present guideline value. The petitioner made representation dated 24.10.2019 to the respondents seeking to issue allotment order and also undertook to pay the land cost fixed by the respondent board and also agreed for the terms and conditions of the board.

Though similarly placed persons were granted allotment order, the petitioner was not granted allotment order. Hence, the petitioner has filed this writ petition. 3.The learned counsel appearing for the petitioner submitted that though similarly placed persons were granted allotment order, the petitioner was not yet granted allotment order. However, without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 24.10.2019 and to pass appropriate orders.

4.The learned Standing Counsel appearing for the respondents submitted that the petitioner's representation would be considered and appropriate orders would be passed, in accordance with law.

5.In view of the above, this Court directs the respondents to consider the petitioner's representation dated 24.10.2019 and pass appropriate orders, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri

To

1. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai - 600 005.

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

+1cc to Mr.R.Sivakumar, Advocate, S.R.No.3530 W.P.No.16857 of 2020 And W.M.P.No.20913 of 2020 AD(CO) CT 25/02/2021