Disposed

K.Valar, v. The Secretary to Government

Madras HC23 Mar 2016WP/10834/2016

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 of the Constitution of India, the Hon'ble Court directed the Tamil Nadu Slum Clearance Board to consider the petitioner's representation regarding the allotment of a house site amidst T-Sunami disaster victims, and to pass appropriate orders on merits within twelve weeks.

What did the court decide?

The second respondent to consider the petitioner's representation dated 3.3.2016 and pass appropriate orders on merits, affording an opportunity of personal hearing, within twelve weeks.

K.Valar, Vs The Secretary to Government — Pension and Retirement Benefits | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.03.2016

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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Writ Petition No.10834 of 2016

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K.Valar ... Petitioner

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vs.
1.The Secretary to Government,
Tamil Nadu Housing and Urban
Welfare Department,
Secretariat, Chennai-9.
2.The Managing Director,
Tamil Nadu Slum Clearance Board,
Chennai-5. ... Respondents

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Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus direction to consider the petitioner representation dated 3.3.2016 within stipulated period by the respondents and consequently direct the second respondent to allot the t-sunami house to the petitioner at AIR Scheme, t-sunami quarters, Ernavoor, Chennai-57.

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For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mrs.P.Rajalakshmi, Govt. Advocate.

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ORDER

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By consent, the main writ petition itself is taken up for final disposal.

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The petitioner has come up with the present writ petition for a mandamus, directing the respondents to consider her representation dated 3.3.2016, within a stipulated period fixed by this Court and consequently, to direct the second respondent to allot the house at AIR Scheme, t-sunami quarters, Ernavoor, Chennai-57.

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https://hcservices.ecourts.gov.in/hcservices/

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It is the case of the petitioner that she was affected by t-sunami national disaster in the year 2004. Her family members had died in the said disaster and she had also lost her entire properties in the said disaster. Hence, she approached the Minister for Fisheries in the year 2007 along with one Ponmudi, Kavitha and Malathi to provide house for her. Subsequently, an enquiry was conducted and it was found that she was affected by t-sunami disaster. Thereafter, a recommendation was sent to the second respondent. Subsequently, house sites were allotted to one Malini / Patchaiappan and Ponmudi / Natrajan vide proceedings dated 19.2.2008. But, the allotment in respect of the petitioner is still pending with the second respondent. Though she approached the second respondent on several occasions for allotment of permanent house site, the second respondent has not allotted the same. In this regard, she gave a representation to the respondents on 3.3.2016 and the same is still pending. Hence, left with no other alternative, the petitioner has come up with the present writ petition seeking a direction to the respondents to consider her representation dated 3.3.2016, within a stipulated period fixed by this Court and consequently, to direct the second respondent to allot the house at AIR Scheme, t-sunami quarters, Ernavoor, Chennai-57.

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I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who has taken notice on behalf of the respondents.

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Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim made by the petitioner, this Court directs the second respondent to consider the representation of the petitioner dated 3.3.2016 and pass appropriate orders, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

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Sd/Assistant Registrar(J)

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//True Copy//

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Sub Assistant Registrar

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sbi

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Secretary to Government, Tamil Nadu Housing and Urban Welfare Department,

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Secretariat, Chennai-9.

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2.The Managing Director, Tamil Nadu Slum Clearance Board, Chennai-5.

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+1cc to Mr.T.V.G. Kartheeban, Advocate, S.R.No.18762 +1cc to the Government Pleader, S.R.No.18668

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VGI(CO)
EU(11/04/2016)
W.P.No.10834 of 2016

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https://hcservices.ecourts.gov.in/hcservices/

K.Valar, v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

K.Valar, v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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