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2022 DIGILAW 2475 (MAD)

L. Anandakumar v. Secretary to Government, Chennai

2022-08-02

ABDUL QUDDHOSE

body2022
JUDGMENT (Prayer: Petition under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to issue allotment order to the petitioners in pursuance to the membership card issued by the third respondent at Mecric Road, Coimbatore based on the representation dated 13.5.2022.) 1. Heard the learned counsel for the petitioner and the respective learned counsels appearing for both the first respondent as well as respondents 2 and 3. 2. The writ petition has been filed seeking a direction to the respondents to issue allotment order to the petitioners in pursuance to the membership card issued by the third respondent at Mecric Road, Coimbatore based on the representation dated 13.5.2022. 3. The learned Standing Counsel appearing for respondents 2 and 3 has received instructions from the third respondent stating that all the 85 tenements in Mecricar Road Scheme have been allotted and occupied and that there is no vacant tenement in Mecricar Road Scheme as of now. It has been further stated that the allotment for the petitioners could be given in IUDP Colony Scheme if they are found eligible and approved by the District Committee and thereafter by the Managing Director, Tamil Nadu Urban Habitat Development Board after paying the beneficiary contribution of Rs.1,30,000/- each for allotment of the tenement in IUDP Colony. This is recorded. 4. The learned counsel for the petitioners, on instructions, submits that the petitioners are agreeable for the offer made by the respondent Board as stated supra. 5. In view of the above, this court directs the third respondent to allot the tenements to the petitioners in IUDP Colony Scheme if they are found eligible and approved by the District Committee and thereafter by the Managing Director, Tamil Nadu Urban Habitat Development Board after payment of the beneficiary contribution of Rs.1,30,000/- (Rupees one lakh and thirty thousand only) by each of the petitioners for allotment of the tenement in IUDP Colony, within a period of four weeks from the date of receipt of a copy of this order. 6. It is seen that out of the five petitioners, the fourth petitioner namely Mr.A.Arumugam is a physically challenged person. Therefore, the learned counsel for the petitioners submits that he may be allotted a tenement in the ground floor. 7. 6. It is seen that out of the five petitioners, the fourth petitioner namely Mr.A.Arumugam is a physically challenged person. Therefore, the learned counsel for the petitioners submits that he may be allotted a tenement in the ground floor. 7. In response, the learned Standing Counsel appearing for respondents 2 and 3 submits that there are available tenements in the ground floor. This is recorded. 8. Since tenements are available in the ground floor, no prejudice will be caused to the third respondent if a tenement is allotted to the fourth petitioner in the ground floor, who is a physically challenged person. 9. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, the connected WMPs are closed.