Meenakshi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.24442 of 2023 Meenakshi ... Petitioner Vs.

1.The District Collector, Collectorate Office, Madurai District.

2.The Administrative Engineer, Tamilnadu Slum Clearance Board, Madurai Division, No.169, K.K.Nagar Main Road, Madurai-20.

3.The Commissioner, Madurai Corporation, Arignar Anna Maligai, Thallakulam, Madurai-2.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka. No.1196/A3/2022 dated 24.05.2023 and quash the same and consequently directing the respondents to allot the house plot to the petitioner 1/4

on Tamilnadu Slum Clearance Board building at Avaniyapuram, Madurai based on the representation dated 11.09.2023 within a time stipulated by this Court. For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.K.Balasubramanian Special Government Pleader for R1 : Mrs.Latha Standing Counsel for R2 : Mr.K.K.Kanna for R3

ORDER

Heard both sides.

2. The petitioner was allotted the plot of land under what is known as AHP (Adidravidar Housing Project). Subsequently, the petitioner's allotment was cancelled on the ground that the petitioner's application has been uploaded under the scheme known as "Housing for All". Challenging the cancellation letter dated 24.05.2023, this writ petition came to be filed.

3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the cancellation order was erroneously passed under the impression that the petitioner had availed subsidy under PMAY(Urban-HFA (Housing for All) .

4. The learned standing counsel for Slum Clearance Board clarifies that if the petitioner gives an undertaking that she has not availed any such subsidy 2/4

under PMAY(Urban-HFA (Housing for All) scheme, the petitioner's allotment will be restored. It is for the petitioner to approach the second respondent and give such an undertaking and have her allotment restored.

5. Recording the stand taken by the second respondent, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is close.

22.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To The District Collector, Collectorate Office, Madurai District.

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G.R.SWAMINATHAN, J.

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