Madras High CourtWP/8134/2016disposed of

R.Malathi v. The Secretary To Govt,[Amended

2016-06-24Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2016

CORAM:

The HON'BLE MR. JUSTICE M.JAICHANDREN W.P. No.8134 of 2016 and W.M.P.No.7235 of 2016 R.Malathi ... Petitioner

Versus

1. The Secretary to Government, Housing and Urban Welfare Department, Secretariat, Chennai -09.

(Cause title amended as per the order of this Court dated 11.03.2016 in WMP.No.7666/2016)

2. The Managing Director, Tamil Nadu Slum Clearance Board, Chennai - 05.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, seeking direction to the respondents to keep 51 Tsunami scheme houses as vacant at A.I.R Tsunami quarters, Ernavoor, Chennai - 57 by the respondents and consequently directing the second respondent to issue for their tsunami house allotment order for the same. For petitioner :

Mr.T.V.G.Kartheeban For respondents :

Mr.P.Karthikeyan, Government Advocate (R1) Mr.S.Prabhu (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 praying that this Court may be pleased to issue a writ of Mandamus, directing the respondents to keep 51 Tsunami scheme houses at A.I.R Tsunami quarters, Ernavoor, Chennai - 57, as vacant and consequently, directing the second respondent to issue the tsunami house allotment orders for the same.

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 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.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rk To

1. The Secretary to Government, Housing and Urban Welfare Department, Secretariat, Chennai -09.

2. The Managing Director, Tamil Nadu Slum Clearance Board, Chennai - 05.

+1cc to Mr.S.Prabhu, Advocate, S.R.No.35363 +1cc to Mr.T.V.G.Kartheeban, Advocate, S.R.No.35403 +1cc to the Government Pleader, S.R.No.35523 W.P. No.8134 of 2016 and W.M.P.No.7235 of 2016 SVI(CO) CA(14/07/2016)