Elangovan.S v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Elangovan ... Petitioner Vs.

1.The District Collector, Tiruchirapalli District, Tirchirapalli.

2.The Executive Engineer, Tamil Nadu Slum Clearance Board, Trichy Division, Madurai Road, Tiruchirapalli - 8.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 20.03.2017 and 01.03.2018 submitted to the 1st and 2nd respondents respectively and allot a house to him at Peechangulam (Sengulam) Colony Units, Palakkarai, Tiruchirapalli, in lieu of his earlier occupation of house at Door. No.33/1, at Peechangulam (Sengulam) Colony, Palakkarai, Tiruchirapalli, within the time stipulated by this Court.

For Petitioner : Mr.R.Narayanan For R1 : Mr.A.K.Manikkam Special Government Pleader 1/4

For R2 : Ms.Latha O RDER This writ petition has been filed for the issue of writ of mandamus directing the second respondent to deal with the representations made by the petitioner, wherein the petitioner is seeking for allotment of house in his name. 2.Heard the learned counsel for the petitioner, the learned Special Government Pleader for the first respondent and the learned counsel for the second respondent.

3.The case of the petitioner is that the house was allotted in the name of the father of the petitioner by the Slum Clearance Board. The petitioner also was employed in the slum clearance board and he was residing with his father. The father of the petitioner died in the year 1997. The younger brother got appointment at Trichy City Corporation. The benefits were shared among the elder brother and the sister of the petitioner. The petitioner continued to occupy the property. The petitioner, therefore made representations to the second respondent to re-allot a house in the name of the petitioner pursuant to the demise of his father. Since the same was not considered, the present writ petition was filed before this Court.

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4.Taking into consideration the facts and circumstances of the case and without going into the merits of the matter, there shall be a direction to the second respondent to deal with the representations made by the petitioner on 20.03.2017 and 01.03.2018 on its own merits and in accordance with law and convey the decision to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. The writ petitioner is directed to make a fresh representation to the second respondent along with a copy of this order. 5.This writ petition is disposed of with the above directions. No costs.

17.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta To The District Collector, Tiruchirapalli District, Tirchirapalli.

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N.ANAND VENKATESH, J.

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