Sumathi v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.20884 & 23937 of 2023 W.P.No. 21511 of 2023 :
1.Sumathi 2.Neela 3.Renukadevi 4.Balajee 5.Kaarthika 6.Vijaya 7.Singaravelan 8.Shanmugam 9.Shanthi 10.Rudramoorthy 11.Neelima 12.Rogini 13.Narmadha 14.Raagini 15.Balaguru .... Petitioners Vs 1.Union of India Rep by its Secretary to Government Ministry of Housing and Urban Poverty Alleviation Nirman Bhavan, Moulana Azad Road New Delhi - 110 011.
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2.The Government of Tamil Nadu Department of Housing & Urban Development Rep by its Principal Secretary Fort St.George, Secretariat Chennai - 600 009.
3.The District Collector The District Collectorate Chengalpattu District.
4.The Managing Director Tamil Nadu Urban Habitat Development Board Namakkal Kavingar Maligai Fort St.George, Chennai - 600 009.
5.The Superintending Engineer Kanchipuram Kottam Tamil Nadu Urban Habitat Development Board 17-20, Aranganaathan Nagar Ponnerikarai Kanchipuram - 631 502.
..... Respondents W.P.No. 24519 of 2023 :
1.M.Lakshmi 2.Vanitha 3.M.Shenbagam 4.S.Anandhi 5.G.Mohana Priya 6.M.Kalpana 7.M.Geetha 8.M.Manimegalai 9.K.Sathiya 10.S.Dellai Rani 11.R.Saritha 12.M.Chandra .... Petitioners 2/7
Vs 1.Union of India Rep by its Secretary to Government Ministry of Housing and Urban Poverty Alleviation Nirman Bhavan, Moulana Azad Road New Delhi - 110 011.
2.The Government of Tamil Nadu Department of Housing & Urban Development Rep by its Principal Secretary Fort St.George, Secretariat Chennai - 600 009.
3.The District Collector The District Collectorate Chengalpattu District.
4.The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai, Chepauk Chennai - 600 005.
5.The Executive Engineer Kanchipuram Kottam Tamil Nadu Urban Habitat Development Board 17-20, Aranganaathan Nagar Ponnerikarai Kanchipuram - 631 502.
..... Respondents Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 3 to 5 to handover the possession of the tenements in Thailavaram-Phase II situated at Thailavaram, Chengalpattu & District, after receiving proper share from the petitioners herein in view of the scheme of Pradhan Mantri Awas Yojana 3/7
- Affordable Housing in Partnership (PMAU-AHP) which was issued by the first respondent and the Government of Tamil Nadu's Policy Note for the year 2022-2023.
For Petitioners : Mr.P.Vijendran (in both WPs) For Respondents : Mr.G.Baskaran (in both WPs) Central Govt Standing Counsel for R1 Mr.M.Bindran Addl. Govt Pleader for R2 & R3 Ms.K.Indumathy Venkatesan for R4 & R5 COMMON ORDER The petitioners herein were identified as eligible beneficiaries for providing houses under the Pradhan Mantri Awas Yojna Scheme (PMAYS) in Thailavaram Phase-II. Apprehending that they may not be allotted a house, they joined to file this writ petition, seeking a direction to respondents 3 to 5 to provide them with a house under the scheme.
2. The respondents 4 and 5 have filed their counter, wherein they state that in Thailavaram Phase-II, 480 tenements were constructed, of which 129 were allotted to the employees of Chennai River Restoration Trust. The learned 4/7
counsel appearing for the respondents 4 and 5 would submit that even the balance tenements have since been allotted to EWS scheme (Economically Weaker Section) and that they were all occupied. She also added that there are two other projects at Murugamangalam Village and Keerapakkam Village which are now under way under Pradhan Mantri Awas Yojna Scheme, and the petitioners' case will be included in any one of them.
3. The learned counsel for the petitioners submitted that the applications of the petitioners may not be rejected, but may be retained for considering their cases for other projects at Murugamangalam Village and Keerapakkam Village. The petitioners may also be given liberty to file a fresh representation to indicate their choice of the two places.
4. The respondent concerned is now required to retain the petitions of all the petitioners for considering their cases for any one of the two projects at Murugamangalam Village and Keerapakkam Village, and try to accommodate their request in the project for which they may come out with their representations indicating their choice. 5/7
5. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 22.09.2023 Index : Yes / No Speaking order / Non-speaking order ds To:
1 The Secretary to Government Union of India Ministry of Housing and Urban Poverty Alleviation Nirman Bhavan, Moulana Azad Road, New Delhi - 110 011. 2.The Principal Secretary Government of Tamil Nadu Department of Housing & Urban Development Fort St.George, Secretariat, Chennai - 600 009. 3.The District Collector The District Collectorate Chengalpattu District.
4.The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai, Chepauk Chennai - 600 005.
5.The Executive Engineer Kanchipuram Kottam Tamil Nadu Urban Habitat Development Board 17-20, Aranganaathan Nagar Ponnerikarai, Kanchipuram - 631 502.
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N.SESHASAYEE.J., ds 22.09.2023 7/7