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Madras High CourtWP/33306/2019disposed of

C.Chinna Raja, v. The District Collector,

2019-12-16Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.12.2019 Coram THE HON'BLE MR.JUSTICE R.SUBBIAH AND THE HON'BLE MR.JUSTICE R.PONGIAPPAN Writ Petition Nos.33306 & 33310 of 2019 and W.M.P.Nos.33763 & 33765 of 2019 1.C.Chinna Raja ..Petitioner in W.P.No.33306 of 2019 2.A.Muruvammal ..Petitioner in W.P.No.33310 of 2019 Vs.

1.The District Collector, Rajaji Salai, 4th Floor, Chennai 600 001.

2.The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai 600 005.

3.The Superintending Engineer, WRO, Workshop & Stores, Public Works Department, Chepauk, Chennai 600 005.

...Respondents in both W.Ps.

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, forbearing the respondents 1 to 3 from evicting the petitioners from the house located at door nos.285 and 377, D-Block, 2nd street, Gandhi Nagar, Anna Salai, Chennai 2 and subsequently direct the respondents 1 to 3 to consider the petitioner's representation dated 05.11.2019 for allocation of Tamilnadu Slum Clearance Board house flat in any of the nearest places at Thiruvottriyur, Nethaji Nagar Ernavur, Ayyapakkam Ambatur housing scheme units and pass orders within stipulated time period as may be directed by this Court.

For Petitioner : Mr.T.Sundaravadanam in both W.Ps.

For Respondents: Mr.V.Shanmugha Sundar for R1 & R3 in both W.Ps.

Special Government Pleader Mr.M.Rajasekhar for R2 C O M M O N O R D E R [Order of the Court was made by R.SUBBIAH,J] The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 from evicting the petitioners from the house located at Door Nos.285 and 377, D-Block, 2nd street, Gandhi Nagar, Anna Salai, Chennai 2 and subsequently direct the respondents 1 to 3 to consider the petitioners' representation dated 05.11.2019 for allocation of Tamilnadu Slum Clearance Board house flat in any of the nearest places at Thiruvottriyur, Nethaji Nagar Ernavur, Ayyapakkam Ambatur housing scheme units and pass orders within a stipulated time.

2. Heard Mr.T.Sundaravadanam, learned counsel for the petitioner, Mr.V.Shanmugha Sundar, learned Special Government Pleader for the respondents 1 and 3 and Mr.M.Rajasekhar, learned counsel for the second respondent.

3. According to the petitioners, the petitioners are residing at Door No.377, D-Block, Gandhi Nagar, Anna Salai, Chennai. There is a proposal to evict the petitioners for the purpose of elevated corridor from Maduravoyal to Chennai Port Trust under the guise of evicting the encroachment of the coovum river banks. The 3rd respondent official instructed that the petitioners and other residents are going to be shifted to Perumbakkam Tamil Nadu Slum Clearance Board housing units. He further submitted that there are several vacant housing units at Thiruvottriyur, Nethaji Nagar Ernavur, Ayyapakkam, Ambattur housing scheme units within 5 k.m., distance of the petitioners' residence place.

4. The petitioners' made a representation dated 05.11.2019 to the respondents to allot nearest Tamil Nadu Slum Clearance Board housing flats but there is no sign of considering the request by the respondents. Hence, he filed the present Writ Petition before this court.

5. The petitioners are directed to send a copy of the representation dated 05.11.2019 to the respondents within a period of one week. The respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of three weeks thereafter.

6. With the above observations and directions, the Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar vkr To 1.The District Collector, Rajaji Salai, 4th Floor, Chennai 600 001.

2.The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai 600 005.

3.The Superintending Engineer, WRO, Workshop & Stores, Public Works Department, Chepauk, Chennai 600 005.

+2cc to Mr.T.Sundaravadanam, Advocate SR.No.104669,104670 +1cc to Mr.M.Rajasekhar, Advocate SR.No.104360 Writ Petition Nos.33306 & 33310 of 2019 and W.M.P.Nos.33763 & 33765 of 2019 RGN(CO) GMY(19/12/2019)