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Madras High CourtWP/25056/2023allowed

V.Sangili v. The Secretary To Government

2023-11-22Honourable Mr Justice M.S. Ramesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH & W.M.P.No.24484 of 2023

1. V.Sangili

2. P.Sreenivasan 3.Muthulakshmi

4. Aruswamy

5. Ponnu 6.R.Uma Mageshwari 7.T.N.Varatharaj

8. T.S.Karupaswamy 9.K.Anandhan

10. G.Manjula 11.R.Rajeshkumar Ranganathan 12.T.Selvaraj

13. K.Jayanthi 14.S.Vairavan

15. R.Alaguraja

16. G.Sakthivel

17. S.Vairamuthu 18.G.Bbjohn

19. J.Kumaresan

20. D.Dhanalakshmi 21.V.Sreenvasan

22. Venkatesan

23. S.Fathima Beevi

24. K.Priyanka 25.R.Ganesan 1/6

26. R.Murugesan 27.B.Mushthreee 28.S.Ashok Kumar 29.K.Arul Kumar

30. S.Dinakaran

...Petitioners

Vs 1.The Secretary to Government Housing and Urban Development Department Saint George Fort Chennai - 600 009

2. The Managing Director Tamil Nadu Slum Clearance Board Now Tamil Nadu Urban Habitat Development Board Kamaraj Salai Chennai - 600 006

3. The Executive Engineer Tamil Nadu Slum Clearance Board Now Tamil Nadu Urban Habitat Development Board No.397, A North Residence Area Selvapuram North Coimbatore - 641 026

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to issue allotment order to the petitioners in pursuance to the membership card issued by the third respondent at IUDP Colony, Coimbatore District based on the representation dated 19.01.2023. For Petitioner : Mr.I.S.Inbadurai 2/6

For Respondents : Mr.P.Ganesan Government Advocate for R1 Mr.M.Babu Muthumeeran for R2 and R3

ORDER

The limited prayer sought for in the present writ petition is for issuance of allotment order in pursuance to the membership card issued by the third respondent at IUDP Colony, Coimbatore District, based on the representation dated 19.01.2023.

2. The respondents have filed a status report in the writ petition, stating that if the petitioners submit their Application Form-4B along with the original temporary Identity Card issued by the second respondent's office, they would verify and scrutinize their eligibility criteria for allotment as per the rule provisions of the Board.

3. It is needless to point out that the eligibility of the petitioners to seek for an allotment order will be strictly in accordance with the Board Regulations and eligibility criteria, which requires to be evaluated only by the respondents and this Court exercising its power under Article 226 of 3/6

the Constitution of India will not venture into evaluating whether the petitioners are eligible for allotment or not.

4. In view of the statements made by the respondent in the status report, the petitioners are granted liberty to approach the third respondent along with Application Form-4B, original Identity card and any other testimonials that may be sought for by the respondents. On submission of such applications, the third respondent herein is directed to pass appropriate orders at least within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.11.2023 (1⁄2) Index:Yes/No Speaking order/Non-speaking order gpa 4/6

To 1.The Secretary to Government Housing and Urban Development Department Saint George Fort Chennai - 600 009

2. The Managing Director Tamil Nadu Slum Clearance Board Now Tamil Nadu Urban Habitat Development Board Kamaraj Salai Chennai - 600 006

3. The Executive Engineer Tamil Nadu Slum Clearance Board Now Tamil Nadu Urban Habitat Development Board No.397, A North Residence Area Selvapuram North Coimbatore - 641 026 5/6

M.S.RAMESH,J.

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