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Madras High CourtWP/8082/2016disposed of

A.Punitha v. The Secretary To Govt,[Amended

2016-06-28Honourable Mr Justice M. Jaichandren4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.8082 of 2016 and W.M.P.No.7196 of 2016 A.Punitha ..Petitioner vs.

1.

The Secretary to Government *Housing and Urban Welfare Department, Secretariat Chennai 600 009.

2.

The Managing Director Tamil Nadu Slum Clearance Board Chennai 600 005.

.. Respondents * Cause Title amended as per order dated 11.03.2016 in W.M.P.No.7665 of 2016 Prayer: Writ Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus, seeking direction to keep 43 tsunami scheme houses vacant at AIR tsunami quarters Ernavoor, Chennai-57 by the respondents and to consequently direct the second respondent to issue tsunami house allotment order for the same.

For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mr.P.Karthikeyan Government Advocate for R1 Mr.S.Prabhu for R2

ORDER

Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing on behalf of the respondents. 2.This writ petition has been filed to issue a WRIT OF MANDAMUS, directing the respondents to keep 43 Tsunami scheme houses, at A.I.R Tsunami quarters, Ernavoor, Chennai-57, as vacant and consequently, direct the second respondent to issue the tsunami house allotment order to the petitioner.

3.Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing for the petitioner has submitted that it would suffice, if the second respondent is directed to dispose of the petitioner's representation, dated 25.02.2016, on merits and in accordance with law, within a specified period. 4.The learned counsels appearing on behalf of the respondents have no objection for such an order being passed by this Court. 5.In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to dispose of the petitioner's representation, dated 25.02.2016, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as

to the other persons concerned, if any. The petitioner is directed to furnish a copy of the representation, dated 25.02.2016, to the second respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter. 6.The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 28.06.2016 vj2 Index: Yes/No Internet: Yes To 1.

The Secretary to Government Housing and Urban Welfare Department, Secretariat Chennai 600 009.

2.

The Managing Director Tamil Nadu Slum Clearance Board Chennai 600 005.

M.JAICHANDREN, J.

vj2 W.P.No.8082 of 2016 28.06.2016