Abdul Rosool v. The Tamilnadu Slum Clearance

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.16052 of 2010 and MP.No.1 of 2010 1.Abdul Rasool 2.Syed Waheed Ulla Hussain 3.M.Khaja Mohideen 4.M.Badrunissain 5.S.Ansaribegum 6.A.Abdul Rahman 7.S.Jabeena Begum 8.S.Malan 9.(Sal) Salmabegum 10.Fatimabee 11.J.Suriyakala 12.S.Dhanalakshmi 13.Nazeer Ahmed 14.S.Gagarin 15.R.Hemavathy 16.G.Abdul Jelal 17.Sharfun Bee 18.Haffiza Bee 19.R.Hyath Bee 20.S.Sakeena Bee 21.Nasreen Bee 22.R.Babukhan 23.Shakira Begum 24.Zeenath Bee 25.Aysiya Bee 26.S.Punithawathi 27.Syed Rizwan 28.Mumtaz Begum 29.Farida Begum 30.Sardar Mohibeen ... Petitioners Vs.

1.The Tamil Nadu Slum Clearance Board, rep. by its Chairman, 3, Kamarajar Salai, Chennai - 600 005.

2.The Tamil Nadu Wakf Board, rep. by its Executive Officer, 1, Jaffar Sarang Street, Chennai - 600 001.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to consider the petitioners' application as annexed to the 'type set' for allotment of tenements which are under their occupation for years together in compliance of the statutory provisions enjoined upon the second respondent. For Petitioners : Mr.A.Prabhakaran For R1 : Mr.R.V. Babu For R2 : Mr.V.Ragavachari

O R D E R

The petitioners have filed this writ petition for a mandamus directing the second respondent to consider their application for allotment of tenements which are under their occupation for years together in compliance with the statutory provisions enjoined upon the second respondent. 2.However, when the matter was taken up for consideration, the learned counsel for the petitioners fairly submitted that due to efflux of time, the petitioners may be given liberty to approach the authority concerned with a fresh representation to ventilate their grievances, for which, the learned counsel appearing for the respective respondents have no serious objection.

3.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel appearing for the parties, this Court permits the petitioners to submit a fresh representation to the authority concerned within a period of two weeks from the date of receipt of a copy of this order. On such submission, the authority concerned is directed to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter.

4.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar drl To 1.The Tamil Nadu Slum Clearance Board, rep. by its Chairman, 3, Kamarajar Salai, Chennai - 600 005.

2.The Tamil Nadu Wakf Board, rep. by its Executive Officer, 1, Jaffar Sarang Street, Chennai - 600 001.

+1cc to Mr.V.Ragavachari, Advocate sr.no.40570 +1cc to Mr.Hari Babu, Advocate sr.no.40346 +1cc to Mr.R.V.Babu, Advocate sr.no.41249 W.P.No.16052 of 2010 nr 20/07/2018