M. Madasamy v. Managing Director, Tamil Nadu Slum Clearance Board, Madurai
2014-07-11
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment 1. The petitioner seeks for issuance of a Writ of Mandamus to direct the respondents to allot the houses to the petitioners either in Ellis Nagar Scheme or Rajakoor Scheme in Madurai District. 2. The petitioners are claiming to reside at the road side of Vaigai Vadakarai by putting up huts and they were residing in the said place for several years and they were evicted from the said place in the year 2011. 3. The grievance of the petitioners is that they are not given any accommodation in the Ellis Nagar or Rajakoor and they were evicted from the Government lands. 4. The second respondent filed a counter affidavit stating that the petitioners have not produced any documents to show that they were in occupation of the Government land were evicted and denied the averments made by the petitioners. It is submitted by the Slum Clearance Board that there is no available vacancy in the Ellis Nagar Scheme or Rajakoor Scheme and it falls within the control of the Municipal Corporation and the Slum Clearance Board has no role to play in the allotment. So far Rajakoor Scheme is concerned, only nodal agency would identify the allotees and the Slum Clearance Board would proceed further. 5. From the averments filed in the typed set of papers, it is seen that the petitioners have not produced any proof to show that they were the persons who are residing in Vaigai Vadakarai, wherein they were evicted by the Government. Without producing the document of such occupation or eviction, the petitioners have no right to claim the allotment. 6. Accordingly, the writ petition is dismissed with liberty to the petitioners to approach the competent authority and to produce that the petitioners are unauthorized occupants in the Government land. No costs.