This writ petition seeks a direction under Article 226 for the disposal of the petitioner's pending application for the allotment of a housing flat by the relevant authorities within a fixed period.
Direction to respondents to consider petitioner's representation for flat allotment within eight weeks after personal hearing.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P. No. 22390 of 2014
M.Velmurugan
.. Petitioner
Versus
1. The Chairperson
Tamilnadu Slum Clearance Board
5, Kamaraja Salai, Chennai – 600 005.
2. The Superindentent
Tamilnadu Slum Clearance Board
5, Kamaraja Salai, Chennai – 600 005.
3. The Estate Officer,
The Estate Office,
Vysarpadi, Chennai – 39. .. Respondents
Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of mandamus, to direct the
2nd respondent to consider the application submitted by the
petitioner to allot a flat which is pending before the 2nd
respondent within the time bound manner fixed by this Hon'ble
Court.
For Petitioner : Ms. P. Uma
For R1 to R3 : Mr. B.S. Sundaramoorthi
The relief sought for in this writ petition is to direct
the second respondent to consider the petitioner's application
to allot a flat, which is pending before the second respondent,
within the time to be fixed by this Court.
2.Accoring to the petitioner, he is a visually
handicapped person and his wife is also a disbaled person. He
made an application dated 07.02.2013 to the Tamilnadu Slum
Clearance Board for allotment of a flat, along with relavant
documents. On receipt of his application, the Managing Director
of the Tamil Nadu Slum Clearance Board had sent a communication
dated 20.03.2013 calling upon him to submit necessary form duly
notorised that he has no other house or flat of his own.
Accordingly, the petitioner submitted an affidavit duly
notorised stating that he has no other flat or plot in his name.
While so, the petitioner was informed during July 2013 that a
flat was allotted to him but he has not received any intimation
about the same from the respondents. Therefore, he made a
representation on 23.06.2014 to the respondents to issue the
order of allotment, but it was not considered till date.
Finding no other option, he has come up with this writ petition
for the aforesaid relief.
3.Heard both sides and perused the materials placed
before this Court.
4. The learned counsel for the petitioner submitted that
the petitioner's representation dated 23.06.2014 is pending with
the respondents and the respondents may be directed to consider
it on merits, within a reasonable time to be fixed by this
Court, for which, the learned counsel appearing for the
respondents has no serious objection.
5.Considering the facts and circumstances of the case and
having regard to the submissions made by the learned counsel on
either side, this Court directs the respondents to consider the
representation dated 23.06.2014 filed by the petitioner for
allotment of a housing flat and pass appropriate orders on
merits and in accordance with law, after affording an
opportunity of personal hearing to the petitioner, within a
period of eight (8) weeks from the date of receipt of a copy of
this order.
6.This Writ Petition is disposed of with the above
direction.
Sd/-
Assistant Registrar (CS-VIII)
// True Copy //
av/rsh To
1. The Chairperson,
Tamilnadu Slum Clearance Board,
5, Kamaraja Salai, Chennai – 600 005.
2. The Superindentent,
Tamilnadu Slum Clearance Board,
5, Kamaraja Salai, Chennai – 600 005.
3. The Estate Officer,
The Estate Office,
Vysarpadi, Chennai – 39.
+1CC to M/s.P.Uma, Advocate, SR.No. 35441
+1CC to Mr.B.S.Sundaramoorthi, Advocate, SR.No. 34796
WP No. 22390 of 2014
NR(CO)
B.VC (26/08/2021)
2 issues framed by the court
Whether the writ petitioner is entitled to a direction for disposal of his pending application for allotment of a housing flat.
Whether the statutory authority is directed to consider the petitioner's representation within a specified timeframe.
1 provisions across 1 enactments
M. Velmurugan
The Chairperson, Tamilnadu Slum Clearance Board
The Superindentent, Tamilnadu Slum Clearance Board
The Estate Officer, The Estate Office, Vysarpadi
R. Mahadevan
As recorded by the court registry
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