Dismissed

Mrs. Aruna, v. The District Collector of

Madras HC24 Aug 2017WP/22671/2017

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition where the petitioner sought a writ of mandamus to direct government authorities to act on her representation regarding alternate housing allotment. The court directed the respondents to pass orders within eight weeks. It did opine on merits but noted authorities can evict an encroacher.

What did the court decide?

First and third respondents directed to consider the petitioner's representation dated 29.06.2017 and pass orders in accordance with law within eight weeks; status quo maintained.

Mrs. Aruna, Vs The District Collector of — Land Acquisition | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.08.2017

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CORAM

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The Honourable MR. JUSTICE M.DURAISWAMY

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W.P.No.22671 of 2017 and W.M.P.No.23772 of 2017

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Aruna

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[ Petitioner ] Vs 1. The District Collector of Thiruvallur, Thiruvallur District. 2. The Secretary, The Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Triplicane, Chennai 5. 3. The Thasildhar, Thiruvottiyur, Chennai 19. [ Respondents]

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dated 29.06.2017and pass necessary orders within a stipulated time.

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For Petitioner : Mr.R.Ponnusamy For Respondents : Mr.E.Balamurugan, AGP (R1&3) Mr.M.Rajasekar (R2)

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ORDER

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Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the respondents 1 and 3 and Mr.M.Rajasekar, learned counsel takes notice for the 2^nd respondent. By consent, the main writ petition is taken up for disposal at the admission stage itself.

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The petitioner has filed the above writ petition to issue a writs of mandamus directing the respondents to consider and pass orders on her representation dated 29.06.2017, within a stipulated time.

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

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The learned counsel appearing for the petitioner submitted that in spite of the fact that the petitioner has given a representation as early as on 29.06.2017, requesting the authorities to allot and provide alternate ready built house for her immediate occupation, since she cannot stand in the street without alternative house, the 1^st respondent has not passed any order so far.

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Mr.E.Balamurugan, learned Additional Government Pleader appearing for the respondents 1and 3 submitted that the 1^st and 3^rd respondents may be directed to consider and pass orders on the petitioner's representation dated 29.06.2017, in accordance with law, within a time frame.

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Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 1^st and 3^rd respondents to consider the petitioner's representation dated 29.06.2017 and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Till such time, status-quo shall be maintained. However, I make it clear that in the event of the petitioner found to be an encroacher, the respondents are at liberty to evict her in accordance with law.

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With this observation, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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rg To 1. The District Collector of Thiruvallur, Thiruvallur District.

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

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The Secretary,

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The Tamil Nadu Slum Clearance Board,

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No.5, Kamarajar Salai, Triplicane, Chennai 5.

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The Thasildhar, Thiruvottiyur,

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Chennai 19.

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+1 cc to M/s.R.Ponnusamy Advocate sr 60984
+1 cc to M/s.M.Rajasekhar Advocate sr 61136
W.P.No.22671 of 2017
gjII(co)
aa13/09/2017

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

Mrs. Aruna, v. The District Collector of

Case brief

What is this about?

What did the court decide?

Mrs. Aruna, v. The District Collector of

Case brief

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What the court decided

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Statutes considered

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