Occupants of poramboke land at Perumbakkam sought alternative housing from the Slum Clearance Board. Court disposed of writ petitions by directing petitioners to submit representations to the re-named Tamil Nadu Urban Habitat Development Board within two weeks; Board to decide on merits with personal hearing within twelve weeks.
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W.P.Nos.35407 to 35409 of 2012 and 6751 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.35407 to 35409 of 2012 and 6751 of 2013 M.P.Nos.1 + 1 +1 of 2012 and 1 of 2013
M.Elumalai ...Petitioner in W.P.No.35407 of 2012 Doulath Fathima ...Petitioner in W.P.No.35408 of 2012 N.Subramanian ...Petitioner in W.P.No.35409 of 2012
Dr.Ambedkarnagar Kudiyirupor Nala Sangam, (Regn.No.396/2009) Represented by its General Secretary No.1, Aringnanar Anna Street, Manali Puthu Nagar, Chennai – 600 009.
...Petitioner in W.P.No.6751 of 2013
Vs.
W.P.Nos.35407 to 35409 of 2012 and 6751 of 2013
Kancheepuram District. ...Respondents 1 to 3 in W.P.Nos.35407 to 35409 of 2012
Prayer in W.P.No.35407 to 35409 of 2012: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents particularly the Secretary Tamilnadu Slum Clearance Board, Circle II, Semmancheri, Chennai – 600 119, the 4th respondent herein, to provide an alternative accommodation to the petitioner in any of the tenements constructed in the adjacent land at Perumbakkam Village or in any other residential projects on production of the proof of his occupation in the present place at Door No.3 / 505A Bharathi Nagar East Street, Nookampalayam Village, Perumbakkam, Chennai – 100.
Prayer in W.P.No.35408 of 2012: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents particularly the Secretary Tamilnadu Slum Clearance Board, Circle II, Semmancheri, Chennai – 600 119, the 4th respondent herein, to provide an alternative accommodation to the petitioner in any of the
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tenements constructed in the adjacent land at Perumbakkam Village or in any other residential projects on production of the proof of his occupation in the present place at Door No.34, Bharathi Nagar East, in Survey No.536, Nookampalayam Village, Perumbakkam, Chennai – 100.
Prayer in W.P.No.35409 of 2012: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents particularly the Secretary Tamilnadu Slum Clearance Board, Circle II, Semmancheri, Chennai – 600 119, the 4th respondent herein, to provide an alternative accommodation to the petitioner in any of the tenements constructed in the adjacent land at Perumbakkam Village or in any other residential projects on production of the proof of his occupation in the present place at Door No.3 / 240, M.G.R.Street, Bharathi Nagar East, in Survey 536, Nookampalayam Village, Perumpakkam, Chennai – 600 100, Kancheepuram District.
Prayer in W.P.No.6751 of 2013: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents from evicting the members of the petitioner's association from their houses in “Manaliputhu Nagar-Kudisai Paguthi”, Chennai, without following due process of law.
For Petitioners in
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W.P.Nos.35407 to 35409 of 2012 : M/s.K.Balakrishnan
For Respondents in all W.P.s : Mr.Baber Muthu Meeran, SC for R4
Mr.U.Baranidharan, AGP for R1 to R3 COMMON ORDER
Since the issue involved in the present writ petitions are one and the same they are disposed of by way of this common order.
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the learned counsel for the petitioners submit that it would suffice if this Court issues a direction to the fourth respondent to consider the petitioners representation seeking alternative house site and to pass appropriate orders within the time frame that may be stipulated by this Court.
respondent and perused the materials placed on record.
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Government Pleader appearing for the respondents 1 to 3, this Court directs the petitioner to send a copy of the representations seeking alternative house site along with a copy of this order for ready reference before the Tamil Nadu Urban Habitat Development Board within a period of two (2) weeks from the date of receipt of a copy of this order and upon receipt of the said representations, the Tamil Nadu Urban Habitat Development Board shall pass appropriate orders on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioners as well as the aggrieved persons if any, within a period of twelve (12) weeks thereafter.
costs. Consequently, connected miscellaneous petitions are closed.
12.09.2024
rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
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Revenue Department, Fort St.George, Chennai – 600 009.
M.DHANDAPANI, J.
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rap
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1 issue framed by the court
Should the Board consider petitioners' representations for alternative house sites on merits?
1 provisions across 1 enactments
M.Elumalai
Doulath Fathima
N.Subramanian
Dr.Ambedkarnagar Kudiyirupor Nala Sangam (Regn.No.396/2009)
The Government of Tamil Nadu, represented by Secretary, Revenue Department
The Collector, Kancheepuram
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
