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Madras High CourtWP/17799/2018disposed of

Mohamed Thalha v. The Managing Director,

2022-02-28Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.NO.17799 OF 2018 Mohamed Thalha ... Petitioner .Vs.

1. The Managing Director, The Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 5.

2. The Administrative Engineer,

3. The Superintendent Engineer, ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the representation dated 30.05.2018. For Petitioner :

Mr.S.Vaitheeswari For Respondents :

Mr.R.Sivakumar For R1 to R3

ORDER

This writ petition has been filed seeking a direction to the 3rd respondent/The Superintendent Engineer to consider the petitioner's representation, dated 30.05.2018.

2. According to the petitioner, on 30.05.2018, the petitioner has applied for allotment of house with the

respondent Slum Clearance Board. But, the same has not been considered, so far. Hence, the present writ petition has been filed.

3. The respondent filed a counter affidavit stating that the already a house has been allotted in favour of the petitioner's mother and hence, the petitioner is not eligible for allotment.

4. The learned counsel for the petitioner submitted that petitioner's mother is living separately and hence, the allotment of house to the petitioner's mother will no way stand in the way of the petitioner for getting allotment to him.

5. Considering the facts and circumstances of the case and considering limited prayer sought for in the writ petition, and also the fact that now, the petitioner's representation is pending with the third respondent, without going into the merits of the case, the third respondent is directed to consider the petitioner's representation and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mrp To 1.

The Managing Director, The Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 5.

2.

The Administrative Engineer,

3.

The Superintendent Engineer, +1cc to Mr.R.Sivakumar, Advocate, S.R.No.13557 W.P.NO.17799 OF 2018 NRL(CO) PBS/11/04/2022