Rubila Mary v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2017 CORAM :

THE HONOURABLE Mr.JUSTICE B.RAJENDRAN W.P.Nos.3186 to 3253 of 2016 and W.M.P.Nos.2616 to 3253 of 2016 RUBILA MARY [PETITIONER IN WP.3186/16] KARPAGAM [PETITIONER IN WP.3187/16] MANGAINAYAKI [PETITIONER IN WP.3188/16] GEETHA, W/O.MURUGAN [PETITIONER IN WP.3189/16] POONGAVANAM [PETITIONER IN WP.3190/16] JOTHI [PETITIONER IN WP.3191/16] SELVI W/O. GOVINDASAMI [PETITIONER IN WP.3192/16] NATHIYA [PETITIONER IN WP.3193/16] SANKARI [PETITIONER IN WP.3194/16] PARVATHI [PETITIONER IN WP.3195/16] BAGAVATHI [PETITIONER IN WP.3196/16] DEVAKI [PETITIONER IN WP.3197/16] MALINI [PETITIONER IN WP.3198/16] VIJAYA [PETITIONER IN WP.3199/16] GAYATHRI, W/O.RAVI [PETITIONER IN WP.3200/16] SELVI, W/O. SEKAR [PETITIONER IN WP.3201/16] AMUTHA [PETITIONER IN WP.3202/16] KANNIGA [PETITIONER IN WP.3203/16] SUMATHI [PETITIONER IN WP.3204/16] INDIRA, W/O.

SIVAKUMAR [PETITIONER IN WP.3205/16] GAYATHRI, W/O. SELVAM [PETITIONER IN WP.3206/16] VIJAYALAKSHMI [PETITIONER IN WP.3207/16] RAJATHI [PETITIONER IN WP.3208/16] SANTHI, W/O. MANICKAVASAGAM [PETITIONER IN WP.3209/16] SANGEETHA [PETITIONER IN WP.3210/16] SANTHI, W/O. MOORTHY [PETITIONER IN WP.3211/16] SAKUNTHALA [PETITIONER IN WP.3212/16] NAVANEETHAM [PETITIONER IN WP.3213/16] RANGANAYAGI [PETITIONER IN WP.3214/16] JENIFFER [PETITIONER IN WP.3215/16] BHARATHI [PETITIONER IN WP.3216/16] MADATHIBABU [PETITIONER IN WP.3217/16] MANGALASUNDARI [PETITIONER IN WP.3218/16] INDHIRA, W/O.VENKATESAN [PETITIONER IN WP.

VANAJA [PETITIONER IN WP.3220/16] NAGAMMAL [PETITIONER IN WP.3221/16] MEENA [PETITIONER IN WP.3222/16] PALAYAM [PETITIONER IN WP.3223/16] UMA [PETITIONER IN WP.3224/16] MAHALAKSHMI [PETITIONER IN WP.3225/16] DEVI [PETITIONER IN WP.3226/16] MADHESWARI [PETITIONER IN WP.3227/16] SARANYA [PETITIONER IN WP.3228/16] GOMATHI [PETITIONER IN WP.3229/16] THANGAMMAL [PETITIONER IN WP.3230/16] BINTHU [PETITIONER IN WP.3231/16] JAYABARATHI [PETITIONER IN WP.3232/16] LATHA W/O. KANNAN [PETITIONER IN WP.3233/16] SELVI, W/O. MUNUSAMY [PETITIONER IN WP.3234/16] VALLI [PETITIONER IN WP.3235/16] RANI [PETITIONER IN WP.3236/16] RAJAKUMARI [PETITIONER IN WP.3237/16] LATHA, W/O. SOMAN [PETITIONER IN WP.3238/16] GEETHA, W/O.BOOPALA RANGAN [PETITIONER IN WP.3239/16] SHANMUGASUNDARI [PETITIONER IN WP.3240/16] POONKODI [PETITIONER IN WP.

3241/16] UMAMAHESWARI [PETITIONER IN WP.3242/16] DURGA DEVI [PETITIONER IN WP.3243/16] PAVUNU [PETITIONER IN WP.3244/16] CHITRA [PETITIONER IN WP.3245/16] CHANDRA GANDHI [PETITIONER IN WP.3246/16] MALLIGA [PETITIONER IN WP.3247/16] SARITHA [PETITIONER IN WP.3248/16] VIJAYA [PETITIONER IN WP.3249/16] THENMOZHI [PETITIONER IN WP.3250/16] SARASWATHI [PETITIONER IN WP.3251/16] MARI [PETITIONER IN WP.3252/16] SEETHALAKSHMI [PETITIONER IN WP.3253/16] Vs.

The Managing Director, Tamil Nadu Slum Clearance Boar, No.5, Kamarajar Salai, Triplicane, Chennai-5.

... Respondent in all WP's

Prayer: Writ Petitions have been been filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in Se.Mu.No.G10/13528/2015, dated 14.12.2015 passed by the respondent and to quash the same as illegal, against the Rules of Tamil Nadu Slum Clearance Board and against the constitutional safeguards and consequently, to direct the respondent to allot one house in the Scheme of houses constructed under (JnNURN) in Kannagi Nagar and Perumbakkam to the petitioner.

For Petitioner : No appearance For Respondent : Mr.Prabu COMMON ORDER These writ petitions have been filed challenging the order dated 14.12.2015 in Se.Mu.No.G10/13528/2015 passed by the respondent, in and by which the request of the petitioners to allot house constructed under (JnNURN) in Kannagi Nagar and Perumbakkam, was rejected by the respondent.

2.When the matter came up for hearing on 14.11.2016, there was no representation for the petitioners and the matter was listed on 22.11.2016 under the caption 'For Dismissal'. When the matter was taken up on 22.11.2016, again there was no representation for the petitioners. Thereafter, the matter was listed on 23.11.2016 and on that day, at request of the learned counsel for the petitioner, the matter was adjourned by two weeks. Today, when the matter is taken up for consideration, again there is no representation for the petitioner. 3.According to the learned counsel for the respondents, only after evicting the encroachers living near the water bodies and constructing the houses, on consultation with the concerned department, the request of the petitioners will be considered.

Even in the affidavit filed in the support of the writ petitions, it is the contention of the petitioners that they are unable to pay the rent, which cannot be considered as a valid ground to entertain the prayer of the petitioners. Hence, the writ petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs.

ssv To The Managing Director, Tamil Nadu Slum Clearance Boar, No.5, Kamarajar Salai, Triplicane, Chennai-5.

+ 1 cc to Mr.S. Prabhu, Advocate SR.7983 + 1 cc to Government Pleader Sr.8513 W.P.Nos.3186 to 3253 of 2016 and W.M.P.Nos.2616 to 3253 of 2016 SAI, CA (CO) Eu 09.03.17