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Madras High CourtWP/35694/2025dismissed

J.Uga v. The Tamilnadu Slum Clearance Board

2025-09-22Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2025

CORAM

THE HON'BLE MR. JUSTICE M. DHANDAPANI W.P. No.35694 of 2025 & W.M.P. No.39942 of 2025 J.Uga ... Petitioner Vs.

The Tamil Nadu Slum Clearance Boad, rep. by its Chairman, Kamarajar Salai, Chepauk, Chennai - 600 005.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for records in Che.Mu. Ka.No. E8/ 220401/2006 on the file of respondent and quash the order dated 18.06.2013 and direct the respondent to make allotment of a house site in T.S. No.42 Block No. 51 at premises No.17/1, 40th street, Ashok Nagar, Chennai 83 under the provisions of the Tamil Nadu Slum Board Clearance Act.

For Petitioner :

Mr.Sairam for Mr.K.Shajahan

ORDER

The petitioner has filed this writ petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the records in Che.Mu. Ka.No. E8/ 220401/2006 on the file of respondent and quash the order dated 1/4

18.06.2013 and direct the respondent to make allotment of a house site in T.S. No.42 Block No. 51 at premises No.17/1, 40th street, Ashok Nagar, Chennai 83 under the provisions of the Tamil Nadu Slum Board Clearance Act.

2.The case of the petitioner is that an extent of 800 sq.ft. of house site, comprising T.S. No.42, Block No.51 at premises bearing No.17/1, 40th Street, Ashok Nagar, Chennai-83 was originally occupied by her grand father late Nagaiyan and after his death, the same was occupied and enjoyed by her father late Joseph and after his death, she is in occupation of the house sites for more than 65 years. Despite several requests made by the petitioner for allotment of house sites for residential purposes, the respondent by proceedings dated 18.06.2013 rejected her request. Therefore, the petitioner is before this Court for quashing the above order and for a direction to the respondent to make allotment of a house site in the above property under the provisions of the Tamil Nadu Slum Clearance Board Act.

3.Learned counsel for the petitioner would submit that the petitioner 2/4

was continuously occupying the above property for more than 60 years for residential purpose and for the purpose of 'milk vending'. Therefore, the petitioner filed W.P. No.47069 of 2006 before this Court seeking for a writ of mandamus to direct the respondent herein to allot the property aforementioned. The said writ petition was contested by the respondent and the same was disposed of by directing the respondent to consider the petitioner's request for allotment sympathetically. In spite of the said order, no order was passed in favour of the petitioner for issuance of house site. Therefore, the learned counsel for the petitioner prays for appropriate orders for allotment of a house site.

4.This Court perused the entire records. It is seen that the petitioner had filed W.P. No.47069 of 2006 before this Court, which had directed the respondent to consider her request for allotment sympathetically and pass appropriate orders. The petitioner has also filed a suit in O.S. No.6060 of 2015 before the City Civil Court, Chennai and the same was dismissed on 03.03.2025 on the ground that the suit is not maintainable. Since this Court had already issued a direction to the respondent to consider the petitioner's 3/4

M. DHANDAPANI. J., vga request for allotment sympathetically and pass appropriate orders on 19.03.2013 itself and the petitioner has been in occupation in the above property for more than 60 years, this Court is inclined to dispose of this petition by issuing a direction to the respondent to allot a house site in the above property in favour of the petitioner. Accordingly, there shall be a direction to the respondent to allot a house site in favour of the petitioner in the above said property within a period of four weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of accordingly. Consequently, connected W.M.P. is closed. No costs.

22.09.2025 vga To The Tamil Nadu Slum Clearance Boad, rep. by its Chairman, Kamarajar Salai, Chepauk, Chennai - 600 005.

W.P. No.35694 of 2025 & W.M.P. No.39942 of 2025 4/4