This writ petition challenged an order denying allotment of a house site due to alleged irregularities and inability to claim a plot earmarked as a well. The court noted the matter was left open due to time lapse.
Writ petition disposed of with no costs; connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.382 of 2010 and
M.P.Nos.1, 2 & 3 of 2010
K.Jaya Raman
... Petitioner
Vs
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records of the second respondent relating to Na.Ka.No.23108/07/E3 dated 20.01.2009, quash the same and issue consequential directions to the respondents to allot 800 sq.ft. out of 1800 sq.ft. of house site (plot No.34) in Door No.15, Thirumoolar Colony, Thirumangalam, Anna Nagar West, Chennai - 40 to the petitioner's son, Thiru Sivaji Padmanaban on payment of the cost and other fees.
For Petitioner : Mr.D.Baskar
For Respondents1 & 2 : Mr.S.Prabhu
O R D E R
The order dated 20.01.2009 issued by the Managing Director of the Tamil Nadu Slum Clearance Board is under challenge in the present writ petition.
the very same Plot No.34 which was in the possession of the petitioner was allotted to the other third party and the authorities have also committed an irregularity. It is brought to the notice of this Court that the said Plot No.34 was earmarked for the purpose of Well and the authorities have committed an irregularity and such an illegality cannot be a precedent or a ground for the petitioner to claim the said Plot No.34 which is earmarked for the purpose of Well.
respondents/Slum Clearance Board brought to the notice of this Court that those officials, who had committed the said irregularities, were imposed with the order of punishment and none of those officials are now in the service of the Slum Clearance Board. This being the factum is established. The petitioner cannot claim the very same Plot No.34 which is earmarked as Well. This apart, the issue regarding allotment was of the year 1995 and 26 years had lapsed. This being the factum. It is left open to the petitioner to submit a fresh representation if any scheme is in force and in the event of submitting any such application, subject to eligibility the case of the petitioner may be considered in accordance with law.
Sd/-
Assistant Registrar (CS-VI)
//True Copy//
Sub Assistant Registrar
Sgl
To
1.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai - 600 005.
2.The Managing Director, Tamil Nadu Slum Clearance Board, Chennai - 600 005.
W.P.No.382 of 2010 GJ (CO) PR (02/12/2021)
1 issue framed by the court
Whether the petitioner can claim allotment of a plot earmarked as a well and allotted to another party after authorities were punished for irregularities?
1 provisions across 1 enactments
K. Jaya Raman
The Chairman, Tamil Nadu Slum Clearance Board
The Managing Director, Tamil Nadu Slum Clearance Board
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
