Mrs.P.Maniammal, v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.42377 of 2016 P.Maniammal ..

Petitioner Vs.

1. The Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 002.

2. The Collector of Chennai, Singaravellar Maligai, Rajaji Slai, Chennai - 600 001.

3. The Chairman, Tamilnadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the third respondent to consider the petitioner's representation dated 22.09.2016 and to issue allotment order to the petitioner for the Tamilnadu Slum Clearance Board, Plot No.592, Door No.20A, Anna Street, Nehru Nagar, Phase-I, Velacherry, Chennai - 600 042.

For Petitioner : D. Latha for Mr.A.Suresh For Respondents: Mr. Digvijaypandian Addl. Government Pleader - R1 & R2 Mr.S.Prabu, Standing Counsel for R3

ORDER

This Writ Petition has been filed to direct the third respondent to consider representation of the petitioner dated 22.09.2016 and to issue allotment order to the petitioner.

2. Heard the learned counsel for the petitioner and the

learned counsel for the respondents and with the consent on either side, the writ petition is taken up for final disposal.

3. The case of the petitioner is that she is in occupation and enjoyment of Plot No.592, Nehru Nagar, Velacherry for the past 30 years. The Government of Tamilnadu has issued G.O.Ms.No.1246 on 19.09.1988 for grant of patta to the slum dwells and also laid down the procedures and guidelines for fixation of cost of land, measurement of the land and eligibility of the slum dwellers to get allotment of the land. Subsequently, the Collector of Chennai had also prepared the list of Slum Dwellers and prepared layout under the scheme of Nehru Nagar - Phase I, Velachery and submitted the same to the third respondent with the list of eligible slum dwellers for allotment to the occupants to the extent of enjoyment. As such, the petitioner is eligible to get the allotment order to the extent of her enjoyment as per the above said Government Order.

Therefore, the petitioner has given a representation to the respondents on 22.09.2016 to issue allotment order in favour of the petitioner. But, till date orders have not been passed on the representation given by the petitioner. Hence, the petitioner has come forward with the present Writ Petition.

4. This Court, considering the limited scope of prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner either in the representation or in this writ petition, directs the third respondent to consider the representation of the petitioner dated 22.09.2016, on merits and in accordance with law and pass orders as expeditiously as possible and communicate the decision taken, to the petitioner.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 002.

2. The Collector of Chennai, Singaravellar Maligai, Rajaji Slai, Chennai - 600 001.

3. The Chairman, Tamilnadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

+1cc to Mr.S. Prabhu, Advocate, S.R.No.71135 +1cc to Mr.A. Suresh, Advocate, S.R.No.71497 +1cc to the Government Pleader, S.R.No.71667 svi(CO) md(20/12/2016) W.P.No.42377 of 2016