K.Stewens v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.26426 of 2021 K.Stewens ... Petitioner vs.

1.

The District Collector, Chennai District, Singaravelan Maligai, Rajaji Road, Chennai 600 001.

The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai 600 005.

The Superintendent, Division - 4, Tamil Nadu Slum Clearance Board, T.B. Chathiram, Chennai 600 010. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to consider to allot a house in the proposed construction of flat houses at Tamil Nadu Slum Clearance Board area, situated at Dr. Santhosh Nagar, Egmore, Chennai 600 008 by the Respondents after considering the Petitioner's lengthy resident in the slum area, adjacent to the proposed construction on the basis of the Petitioner's representation dated 10.08.2018 and finally on 27.07.2021. For Petitioner :

Mr.R.Thanjan For 1st Respondent :

Mr.P.Gurunathan For Respondents 2 & 3 :

Ms.D.Latha, Standing Counsel

O R D E R

Petitioner has come up with the above Writ Petition seeking a direction to the Respondents to allot a house in the proposed construction of flat houses at Tamil Nadu Slum Clearance Board area, situated at Dr. Santhosh Nagar, Egmore, Chennai 600 008, by considering his long habitation in the slum area, on the basis of his representation dated 10.08.2018 and his final representation dated 27.07.2021.

According to the Petitioner, he is residing at No.2/2, Slum area, Dr.Santhosh Nagar, Egmore, Chennai, adjacent to Tamil Nadu Slum Clearance Board houses for more than 40 years and he has Family Card, Election Voter ID, Gas connection, in proof of his habitation. He has further stated that, Respondents took survey of the building and has also taken the list of residents, residing in Tamil Nadu Slum Clearance Board houses, including persons, who were residing adjacent to the Slum Clearance Board houses, numbering 350 families. As the name of the Petitioner was not recorded in the survey list, he approached the 3rd Respondent seeking allotment. He also sent a representation dated 10.08.2019 to the 2nd Respondent, but, he received a reply from the 2nd Respondent on 12.12.2019 stating that, houses were allotted on priority basis. Thereafter, the Petitioner sent a detailed representation to the Respondents on 27.07.2021. As no orders are passed on his representation, the Petitioner is before this Court.

Learned counsel for the Petitioner submitted that, this Court may issue a direction to the 2nd Respondent herein to consider the Petitioner's representation within a reasonable time.

4.

Taking note of the submissions of the learned counsel for the Petitioner and considering the facts and circumstances of the case, this Court directs 2nd Respondent herein to consider the Petitioner's representation dated 27.07.2021, after affording an opportunity of hearing to the parties and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of with the above direction. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR (aeb) To:

1.

The District Collector, Chennai District, Singaravelan Maligai, Rajaji Road, Chennai 600 001.

The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai 600 005.

The Superintendent, Division - 4, Tamil Nadu Slum Clearance Board, T.B. Chathiram, Chennai 600 010.

+1cc to M/s.D.Latha, Advocate Sr.66463 W.P.No.26426 of 2021 pm[co] srg 27/12/2021