M.Velmurugan, v. The Chairperson,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. No. 22390 of 2014 M.Velmurugan .. Petitioner

Versus

1. The Chairperson Tamilnadu Slum Clearance Board 5, Kamaraja Salai, Chennai - 600 005.

2. The Superindentent Tamilnadu Slum Clearance Board 5, Kamaraja Salai, Chennai - 600 005.

3. The Estate Officer, The Estate Office, Vysarpadi, Chennai - 39.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus, to direct the 2nd respondent to consider the application submitted by the petitioner to allot a flat which is pending before the 2nd respondent within the time bound manner fixed by this Hon'ble Court.

For Petitioner : Ms. P. Uma For R1 to R3 : Mr. B.S. Sundaramoorthi

O R D E R

The relief sought for in this writ petition is to direct the second respondent to consider the petitioner's application to allot a flat, which is pending before the second respondent, within the time to be fixed by this Court.

2.Accoring to the petitioner, he is a visually handicapped person and his wife is also a disbaled person. He made an application dated 07.02.2013 to the Tamilnadu Slum

Clearance Board for allotment of a flat, along with relavant documents. On receipt of his application, the Managing Director of the Tamil Nadu Slum Clearance Board had sent a communication dated 20.03.2013 calling upon him to submit necessary form duly notorised that he has no other house or flat of his own. Accordingly, the petitioner submitted an affidavit duly notorised stating that he has no other flat or plot in his name. While so, the petitioner was informed during July 2013 that a flat was allotted to him but he has not received any intimation about the same from the respondents. Therefore, he made a representation on 23.06.2014 to the respondents to issue the order of allotment, but it was not considered till date. Finding no other option, he has come up with this writ petition for the aforesaid relief.

3.Heard both sides and perused the materials placed before this Court.

4. The learned counsel for the petitioner submitted that the petitioner's representation dated 23.06.2014 is pending with the respondents and the respondents may be directed to consider it on merits, within a reasonable time to be fixed by this Court, for which, the learned counsel appearing for the respondents has no serious objection.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the representation dated 23.06.2014 filed by the petitioner for allotment of a housing flat and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CS-VIII) // True Copy // Sub Assistant Registrar

av/rsh To

1. The Chairperson, Tamilnadu Slum Clearance Board, 5, Kamaraja Salai, Chennai - 600 005.

2. The Superindentent, Tamilnadu Slum Clearance Board, 5, Kamaraja Salai, Chennai - 600 005.

3. The Estate Officer, The Estate Office, Vysarpadi, Chennai - 39.

+1CC to M/s.P.Uma, Advocate, SR.No. 35441 +1CC to Mr.B.S.Sundaramoorthi, Advocate, SR.No. 34796 WP No. 22390 of 2014 NR(CO) B.VC (26/08/2021)