Agaram Washermen Association, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.23161 of 2013 Agaram Washermen Association, Rep. By its President, Mr.B.Sugumar.
.. Petitioner -vs1.The Secretary, Govt. of Tamil Nadu, Housing and Urban Development Dept., Fort St. George, Chennai 600 009.
2.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai 600 005.
3.The Executive Engineer, Zone-3, Tamil Nadu Slum Clearance Board, Chennai 600 039.
4.The Collector, Chennai District, Chennai 600 001.
5.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.
6.The District Revenue Officer, Chennai Corporation, Division-VI, Ayanavaram, Chennai 600 023.
7.Mr. Kushma Harinath President, Retired Defense Employees Association, Chennai 600 099.
8.The Secretary, Ministry of Defence,
Govt. of India, Sainik Bhumi Thatchawani, Hindustalaya, New Delhi.
9.The Military Estate Officer, Military Estate Office, Madras Circle, Chennai-9.
10.The Defence Estate Officer, Defense Estate Office, Madras Circle, 306, Anna Salai, Teynampet, Chennai-18.
(RR 8 to 10 impleaded as per order dt.20.02.2014 in MP.2/14) .. Respondents in WP.No.23161/2013 Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 2nd respondent to transfer the land in Block No.2, T.S.No.8 of Ayanavaram Village, G.K.M.Colony, measuring to an extent of 0.745 acres to the 5th respondent for put up construction and to allot the same to the members of the petitioners' association at the earliest time frame.
For Petitioner :
Mr.Deepak Kumar For Respondents :
Mr.R.Vijayakumar, Addl.G.P. for RR :
No appearance for RR 1 to 3,7,8,9 & 10 :
Mr.V.C.Selvasekaran for RR 5 & 6
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner-association seeks directions against the Tamil Nadu Slum Clearance Board / second respondent to transfer the land in Block No.2, T.S.No.8 of Ayanavaram Village, G.K.M.Colony, measuring to an extent of 0.745 acres to the 5th respondent to put up construction for purposes of allotment to the members of the petitioner-association.
2.The matter has been pending for quite some time and the Slum Clearance Board has not placed on record any affidavit setting forth their stand.
3.Learned counsel for the Corporation / 5th respondent suggests that the second respondent can be called upon to take a decision on the issue of transfer of the land within a time bound schedule and thereafter only any action by the fifth
respondent can take place.
4.We direct that the petition itself be treated as a representation to the second respondent along with the materials filed in respect thereof and a decision be taken on the issue of allotment of land within a period of three (3) months from the date of receipt of the order.
5.Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The Secretary, Govt. of Tamil Nadu, Housing and Urban Development Dept., Fort St. George, Chennai 600 009.
2.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai 600 005.
3.The Executive Engineer, Zone-3, Tamil Nadu Slum Clearance Board, Chennai 600 039.
4.The Collector, Chennai District, Chennai 600 001.
5.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.
6.The District Revenue Officer, Chennai Corporation, Division-VI, Ayanavaram, Chennai 600 023.
7.The Secretary, Ministry of Defence, Govt. of India, Sainik Bhumi Thatchawani, Hindustalaya, New Delhi.
8.The Military Estate Officer, Military Estate Office, Madras Circle, Chennai-9.
9.The Defence Estate Officer, Defense Estate Office, Madras Circle, 306, Anna Salai, Teynampet, Chennai-18.
+1cc to Mr.I. Abrar Md. Abdullah, Advocate, S.R.No.72334 ca(CO) md(22/12/2016) W.P.No.23161 of 2013