R.Mahendran v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Mahendran ..
Petitioner Vs.
1. The State rep. by its Home Secretary The Secretary to Government of Tamilnadu Fort St. George Chennai 600 009.
2. The District Collector District Collector Office Campus Thriuvallur District Thiruvallur.
3. The Revenue Divisional Officer Ambattur Chennai 600 053.
4. The Inspector of Police H-8, Thiruvotriyur Police Station Thiruvotriyur.
5. The Chairman & Managing Director
Tamil Nadu Slum Clearance Board Kamarajar Salai Ayothiya Nagar, Triplicane Chennai 5.
[R5 suo-motu impleaded vide order dated 31.07.2019]
6. The Secretary to Government Tourism, Culture and Religious Endowment Department Chennai.
7. The Commissioner Hindu Religious and Charitable Endowment Department Chennai.
[RR 7 & 8 suo-motu impleaded vide order dated 22.08.2019]
8. The Managing Director Tamil Nadu Road Development Company Ltd.
No.171, 2nd Floor Pasumpon Muthuramalingam Road Raja Annamalaipuram Chennai 600 028.
9. Sudhakar ..
Respondents [RR 8 & 9 impleaded vide order dated 16.06.2023 in WMP No.34470 of 2018] Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to provide alternative arrangements for permanent shelters to them (the
petitioner and other members mentioned in annexure) to ensure for their livelihood pursuant to his representation dated 09.10.2017. For the Petitioner : Mr.D.Mario Jhonshon For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 4 Mrs.K.Indumathy Venkatesh for Respondent-5 Mr.N.Devaraj for Respondent-6 Mr.Yashwanth Addl. Govt. Pleader (HR & CE) for Respondents 7 & 8
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.D.Mario Jhonshon, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 4, Mrs.K.Indumathy Venkatesh, learned counsel for the fifth respondent, Mr.N.Devaraj, learned counsel for the sixth respondent and Mr.Yashwanth, learned Addl. Govt. Pleader (HR & CE) for the respondents 7 & 8.
2. The grievance of the petitioner is that their houses were demolished and no alternative shelter has been provided.
3. Learned counsel for the petitioner, on instructions, accepts the fact that alternative accommodation is provided under tripartite agreement. It is a temple land. Further, the agreement is only for 10 years.
4. Learned counsel for the respondents submits that it is for 30 years.
5. Be that as it may. The petitioner is now rehabilitated and in case there is any practical difficulty in carrying out fishing activity, then, the petitioner may approach the concerned authority. The authority may consider his grievance and take appropriate steps in this matter.
6. The writ petition is disposed of with the above observations. There will be no order as to costs. Consequently, WMP Nos.30061, 30062 of 2017 and 34472 of 2018 are closed.
(S.V.G., CJ.) (P.D.A., J.) 26.06.2023 Index :
Yes/No :
Yes/No kpl To
1. The Home Secretary Government of Tamilnadu Fort St. George Chennai 600 009.
2. The District Collector District Collector Office Campus Thriuvallur District Thiruvallur.
3. The Revenue Divisional Officer Ambattur Chennai 600 053.
4. The Inspector of Police H-8, Thiruvotriyur Police Station Thiruvotriyur.
5. The Chairman & Managing Director Tamil Nadu Slum Clearance Board Kamarajar Salai Ayothiya Nagar, Triplicane Chennai 5.
6. The Secretary to Government Tourism, Culture and Religious Endowment Department Chennai.
7. The Commissioner Hindu Religious and Charitable Endowment Department Chennai.
8. The Managing Director Tamil Nadu Road Development Company Ltd.
No.171, 2nd Floor Pasumpon Muthuramalingam Road Raja Annamalaipuram Chennai 600 028.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 26.06.2023