M.K.Ramachandran v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.32379 of 2018 and W.M.P.No.37575 of 2018 1.M.K.Ramachandran 2.Janaki 3.Padmavathy 4.Radha 5.Ramani (The petitioners 2 to 5 are represented through their Power of Attorney, the first petitioner - M.K.Ramachandran)

...Petitioners

Vs 1.The Secretary, Tamil Nadu Urban Development Project, Highways Department, Fort St.George, Chennai-600 009.

2.The Divisional Engineer (H), City Roads Division, Saidapet, Chennai-600 025.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent herein to consider and dispose of the petitioner's representation dated 23.04.2018 submitted requesting for allotment and handing over of the land situated in Alandur Village, Block II, T.S.No.18 Part and 19 Part measuring an extent of 1799 sq.ft.within a stipulated time frame as may be fixed by this Court.

For Petitioners : Mr.S.Venugopalraj For Respondents : Mr.A.Kumar, Additional Advocate General assisted by Mr.D.Raja, Additional Govt.Pleader

O R D E R

The petitioners made a representation dated 23.04.2018 to the second respondent to comply with the order passed by this Court in CRP(NPD)No. 1790 of 2002 dated 19.01.2012 for providing alternative site to the petitioners. Since there was no response to the same, they have come up with the present writ petition.

(*)2.The learned Additional Advocate General appearing for the respondents has submitted that the petitioners are not entitled for the alternative site and hence the Department is taking steps to file a Review Application before this Court to review the order passed in CRP(NPD) No.1790 of 2002.

3.According to the learned counsel for the petitioners, no notice has been received in the aforesaid review application filed by the Department.

4.In view of the stated circumstances, without expressing any opinion as to the merits of the contentions made by the writ petitioners in this writ petition, the writ petition is disposed of directing the second respondent to consider the representation dated 23.04.2018 made by the petitioners on merits in the light of the order passed by this Court in C.R.P.(NPD)No.1790 of 2002 dated 19.01.2012 or any review order passed by this Court, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) (26.02.2019) Amended as per order of this Honourable court order dated 10.04.2019 Sd/- Assistant Registrar(CS-III) (15.05.2019) //True Copy// Sub Assistant Registrar KM

To 1.The Secretary, (*)To be substituted Tamil Nadu Urban Development Project,the order copy Highways Department, already despatched Fort St.George, Chennai-600 009.

2.The Divisional Engineer (H), City Roads Division, Saidapet, Chennai-600 025.

+1cc to Mr.S.Venugopalraj , Advocate SR.No. 11307 +1 CC TO GOVERNMENT PLEADER SR.NO. 11340 W.P.No.32379 of 2018 and W.M.P.No.37575 of 2018 A.SK(27/02/2019) CSL/17.05.2019