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Madras High CourtWP/15603/2018disposed of

V.Gandhimathi v. The Secretary To The

2018-06-26Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.15603 of 2018 and W.M.P.No.18515 of 2018 V.Gandhimathi ..

Petitioner Vs.

1.The Secretary to the Government, Tamil Nadu Slum Clearance Board, Fort, Chennai - 09.

2.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 5.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the representation dated 19.04.2018 and to allot a shop to the petitioner.

For Petitioner : Mr.L.Prabahar For Respondents: Mrs.P.Rajalakshmi, Additional Government Pleader (R1) Mr.S.Prabhu, Standing Counsel (R2)

O R D E R

This Writ Petition has been filed seeking for a Writ of Mandamus directing the respondent to consider the representation dated 19.04.2018 and to allot a shop to the petitioner.

2.The learned counsel appearing for the petitioner submitted that the petitioner's husband was allotted a shop/bunk by the respondents. By letter dated 29.02.2000, the respondent revised the rent. In the year 2009, the petitioner was directed to vacate and hand over vacant possession to enable the respondents to construct new shops and allot a shop portion to the petitioner. Based on this, the petitioner vacated the Bunk shop. The respondents had constructed residential portions and not commercial shops, resulting in the non-allotment of a shop to the petitioner's husband. The petitioner's husband made representations on 26.12.2011 and 15.12.2014 requesting to allot a shop to him. But till date, no action has been taken. In the meantime, the petitioner's husband had died on 15.11.2017.

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3.The learned standing counsel appearing for the 2nd respondent sought for sufficient time to consider the petitioner's representations.

4.In view of the same, the Writ Petition is disposed of, directing the 2nd respondent to consider the pending representations of the petitioner, on merits , within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar va To 1.The Secretary to the Government, Tamil Nadu Slum Clearance Board, Fort, Chennai - 09.

2.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 5.

+ 1 cc to Mr. L. Prabakar, Advocate Sr.40818 + 1 cc to Mr.S. Prabhu, Advocate Sr.40285 + 1 cc to the Government Pleader SR.40964 W.P.No.15603 of 2018 and W.M.P.No.18515 of 2018 (CS-V) EU(12/07/2018) https://hcservices.ecourts.gov.in/hcservices/