J.Lasar Mary v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.7862 of 2015 J.Lasar Mary ... Petitioner vs.

1. State of Tamilnadu rep. By its Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009

2. The Chairman and Special Duty Officer, (Relief & Rehabilitation) Project Director, Emergency Tsunami Relief and Rehabilitation Project (State level), Ezhilagam Annexe, Chepauk, Chennai - 600 005

3. The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 21.01.2015 and to make allotment of a house at Marina Scheme at Nochinagar as per the enquiry conducted by the 3rd respondent dated 22.06.2012 and 04.03.2014 For Petitioner : Mr.S.Doraisamy For Respondents : Mr.S.Gunasekaran Government Advocate

O R D E R

Heard Mr.S.Doraisamy, learned counsel for the petitioner, Mr.S.Gunasekaran, learned Government Advocate for the respondents. With the consent of either side, the Writ Petition itself is taken up for final disposal at the admission stage.

2. The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus directing upon the respondents to consider the representation of the petitioner dated 21.01.2015 and to make allotment of a house at Marina Scheme at Nochinagar as per the enquiry conducted by the 3rd respondent dated 22.06.2012 and 04.03.2014.

3. According to the petitioner, she is a person affected on account of Tsunami and therefore she seeks the benefit of allotment of a house. In this regard, the petitioner has filed an application and her name finds place in the enumerating list. Further, the petitioner would state that she has produced all the relevant proof, namely, certificate for receiving compensation with token slips, voter I.D., biometric card, family card and temporary shed allotment order dated 18.11.2009. The petitioner was called for an enquiry on 04.03.2014 and she has attended the enquiry, but till date, no house has been allotted, therefore, the petitioner has submitted a representation on 21.01.2015, which has been sent by speed post on 22.01.2015. Since the representation has not been considered and there is no progress in the matter, the petitioner is before this Court.

4.In the light of the above, without going into the merits of the contentions raised by the petitioner, there shall be a direction to the 2nd respondent to consider the petitioner's representation dated 21.01.2015, verify the credentials and pass a speaking order on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

With the above direction, this Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd To

1. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009

2. The Chairman and Special Duty Officer, (Relief & Rehabilitation) Project Director, Emergency Tsunami Relief and Rehabilitation Project (State level), 5th Floor, Ezhilagam Annexe, Chepauk, Chennai - 600 005

3. The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.

1 cc to Mr.S.Doraisamy ,Advocate, SR.No.15814 W.P.No.7862 of 2015 vd(co) pmk.31.3.2015