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2013 DIGILAW 3748 (MAD)

K. Ganesan v. Secretary to Government, Housing & Urban Development, Chennai

2013-10-30

A.ARUMUGHASWAMY

body2013
Judgment : 1. The petitioners have come forward with this writ petition to issue a writ in the nature of Mandamus directing the respondents to convert and allot the 212 tenements at Rani Anna Nagar, Chennai to economically weaker section category and allot one tenement to each petitioners in accordance with G.O.Ms.No.224, dated 29.10.2008. 2. The case of the petitioners is that the Tamil Nadu Slum Clearance Board has constructed 848 tenements after demolishing existing 636 tenements since the same was in dilapidated condition at Rani Anna Nagar, Chennai. The board also passed a resolution in resolution No.35 dated 12.03.2008 framing guidelines for allotting the tenements to the economically weaker section category and the said resolution was forwarded to Government for opinion. The Government after considering the guidelines of board has passed G.O.Ms.No.224 dated 29.10.2008 directing the Board to allot the tenements to the economically weaker section category after executing scheme for hut residents' category. As per clause (3) of above said G.O. out of 848 tenements the board has to allot the remaining 212 tenements at Rani Anna Nagar, Chennai to economically weaker section category after allotting the 636 tenements to hut resident people. The petitioners made a representation to the respondents on 24.03.2011 and 06.04.2011 respectively to brought he remaining 212 tenements under economically weaker section category, but they evoked to respond. Aggrieved by the action of the respondents, the petitioners have come forward with the present writ petition. 3. I have heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the first Respondents. 4. The learned counsel appearing for the petitioners contended that the Tamil Nadu Slum Clearance Board has constructed 848 tenements after demolishing existing 636 tenements since the same was in dilapidated condition at Rani Anna Nagar, Chennai. As per clause (3) of above said G.O. out of 848 tenements the board has to allot the remaining 212 tenements at Rani Anna Nagar, Chennai to economically weaker section category after allotting the 636 tenements to hut resident people. The respondents have not taken any action to allot the remaining 212 tenements to economically weaker section category. Hence, he prays that the writ petition has to be allowed. 5. The respondents have not taken any action to allot the remaining 212 tenements to economically weaker section category. Hence, he prays that the writ petition has to be allowed. 5. The learned Additional Government Pleader appearing for the first Respondent and the learned counsel appearing for the second Respondent would contend that already applications have been received from several persons and they have been placed before the Board for consideration and the application of the petitioners would be considered sympathetically. Hence, there is no need to give any direction to the respondents. 6. I have carefully considered the rival submissions and also perused the materials placed on record. 7. From the averments it is seen that the petitioners have come forward with this writ petition for a direction to the respondents to allot one tenement each at Rani Anna Nagar, Chennai, as per clause (3) of G.O.Ms.No.224 dated 29.10.2008, which runs as follows:- From this it is very clear that as per clause (3) of the said G.O. out of 848 tenements, after allotting the 636 tenements to hut resident people, the board has to allot the remaining 212 tenements to economically weaker section category. Further, the second respondent has issued a letter in Na.Ka.No.G8/20486/2010 dated 29.10.2013 to the learned learned counsel appearing for the second respondent. The operative portion of the letter runs as follows: “Tamil” From this it is clear that the second Respondent Board has considered the application of the first petitioner to allot one tenement either at Semmancherri or at Kannagi Nagar as per the terms and conditions. Therefore, it is for the authorities concerned to consider the application of the petitioners for allotment of tenement at any one of the place as they like and pass suitable orders as expeditiously as possible. It is made clear that this order will not give any time limit to them. With the above observation, this writ petition is disposed of. No costs.