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N. SATHISH KUMAR
V. Suganthi – Appellant
Versus
Chairman, Tamil Nadu Slum Clearance Board, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his letter No.EC/883/Dn-III/2016, dated 07.12.2016 and quash the same and consequently forbear the 1st and 2nd respondents herein from allotting apartment to the 3rd to 7th respondents in slum tenement in Erikarai, Vysarpadi, Chennai - 600 039 permanently.)
This writ petition has been filed challenging the order of the 2nd respondent dated 07.12.2016 and seeks a direction to forbear the respondents 1 and 2 herein from allotting apartment to the 3rd to 7th respondents in slum tenement in Erikarai, Vysarpadi, Chennai - 600 039.
2. The case of the writ petitioner is that she belongs to Scheduled Caste and residing with her daughter in Murthingar Street, Erikarai, Vyasarpadi, Chennai. The Government of Tamil Nadu has taken a decision to develop the living status of the slum people residing in the above said area and issued temporary allotment orders individually by taking note of individual ration card. The very object of providing apartment is to give shelter to the slum people those who are economically and social
The main legal point established in the judgment is that the eligibility for allotment of flats to slum dwellers is based on specific criteria such as proof of residence and income, and the status of....
The Court emphasized the eligibility of long-term residents for allotment and the responsibility of TNSCB officials in managing allotted lands.
The court emphasized the need to consider the living conditions and rights of the slum dwellers and directed the respondents to allot the plots to the petitioners after verifying their documents and ....
Allotment of tenements cannot be claimed as a matter of right and must be made strictly in accordance with the rules and eligibility criteria.
Eviction procedures under the Tamil Nadu Slum Areas (Improvement and Clearance) Act must comply with legal protocols; encroachers are not entitled to claim accommodation.
The need for executives to exercise their powers vigilantly and effectively in accordance with the Act and the Rules.
Eviction of slum dwellers without due process violates fundamental rights, necessitating compensation and adequate housing provisions for affected individuals.
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