Pappathi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.35402 of 2024 Pappathi

...Petitioner

Vs.

1. The Managing Director, Tamilnadu Slum Clearance Board, Chepauk, Chennai.

2. The Executive Engineer, Tamilnadu Slum Clearance Board, Coimbatore Division, Selvapuram, Coimbatore.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to allot a house constructed in Ukkadam CMC Colony Project as per the memorandum dated 14.11.2018 and by considering the representation dated 27.09.2024. For Petitioner : Mr.K.Pragadeesh Kumar For Respondents : Mrs.K.Indumathy Venkatesh Standing Counsel 1/4

O R D E R

The petitioner herein seeks a direction to allot a house constructed in Ukkadam CMC Colony Project as per the memorandum dated 14.11.2018, by considering his representation dated 27.09.2024.

2. According to the petitioner, he is residing in CMC colony, Mattasali, South Ukkadam, Coimbatore. The respondents herein assured the petitioner that he will be accommodated in the residential units which would be built by the respondents in Ukkadam, CMC colony. A memorandum and ID card was also issued to the petitioner to that effect as early as 22.09.2021. Even though, the residential units are constructed in the said locality, the petitioner was not allotted. Therefore, the petitioner submitted a representation before the second respondent seeking allotment in his favour as per the ID card issued to him dated 22.09.2021. The said representation has not been considered till date. Therefore, the petitioner has come before this Court.

3. M/s.K.Indumathy Venkatesh, learned Counsel, who takes notice for the respondent would submit that originally the respondents proposed to build 2/4

520 residential units in Ukkadam. However, as on today, only 222 units are constructed. In respect of remaining units, acquisition proceedings is going on.

4. The learned counsel submits as soon as the entire project is completed, the petitioner will be accommodated. It is also stated that if the petitioner wants he will be accommodated in some other locality.

5. In view of the above submission made by the learned standing Counsel, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 27.09.2024 and pass final orders, on it's own merits, within a period of six weeks from the date of receipt of copy of this order.

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

28.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order 3/4

av S. SOUNTHAR, J.

av To

1. The Managing Director, Tamilnadu Slum Clearance Board, Chepauk, Chennai.

2. The Executive Engineer, Tamilnadu Slum Clearance Board, Coimbatore Division, Selvapuram, Coimbatore.

W.P No.35402 of 2024 28.11.2024 4/4