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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
K. Nirmala & Others – Appellants
Versus
The Managing Director, The Tamil Nadu Slum Clearance Board, Chennai & Another – Respondents
W.P. Nos. 281 to 284 of 2012 & W.P.M.P. Nos. 1, 1, 1 & 1 of 2012
Decided On : 06-03-2023
Mandamus - Allotment of Tenements - The court dismissed the writ petitions seeking a mandamus to direct the Slum Clearance Board to issue allotment orders for tenements, emphasizing that allotment cannot be claimed as a matter of right and must be made strictly in accordance with the rules and eligibility criteria.
Fact of the Case:
The petitioners, belonging to the Economically Weaker Section, sought mandamus to direct the Slum Clearance Board to issue allotment orders for tenements at Kannagi Nagar, as they were evicted from their previous residences for development purposes.
Finding of the Court:
The court dismissed the writ petitions, noting that the petitioners had not submitted any applications for allotment despite an interim order granting them liberty to do so. The court emphasized that allotment cannot be claimed as a matter of right and must be made strictly in accordance with the rules and eligibility criteria.
Issues: The main issue was whether the petitioners were entitled to a mandamus to direct the Slum Clearance Board to issue allotment orders for tenements at Kannagi Nagar.
Ratio Decidendi: The court held that allotment cannot be claimed as a matter of right and must be made strictly in accordance with the rules and eligibility criteria. It emphasized that any violation in the matter of allotment would cause infringement of the rights of other eligible persons waiting for allotment.
Final Decision: The writ petitions were dismissed, and no costs were imposed. The court emphasized that allotment cannot be claimed as a matter of right and must be made strictly in accordance with the rules and eligibility criteria.
JUDGMENT
(Prayerin W.P.No.281 of 2012: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1 st respondent-Slum Clearance Board to issue allotment order for tenement bearing No.12158 at Kannagi Nagar, Okkiam Thoraipakkam, Chennai-97 to the petitioner and put the petitioner in possession of the same.
W.P.No.282 of 2012: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1 st respondent-Slum Clearance Board to issue allotment order for tenement bearing No.12156 at Kannagi Nagar, Okkiam Thoraipakkam, Chennai-97 to the petitioner and put the petitioner in possession of the same.
W.P.No.283 of 2012: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1 st respondent-Slum Clearance Board to issue allotment order for tenement bearing No.12157 at Kannagi Nagar, Okkiam Thoraipakkam, Chennai-97 to the petitioner and put the petitioner in possession of the same.
W.P.No.284 of 2012:Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1 st respondent-Slum Clearance Board to issue allotment order for tenement bearing No.12155 at Kannagi Nagar, Okkiam Thoraipakkam, Chennai-97 to the petitioner and put the petitioner in possession of the same.)
1. The relief sought for in these present writ petitions is to direct the 1 st respondent / Slum Clearance Board now renamed as Urban Habitat Development Board to issue allotment order for tenement bearing Nos.12155, 12156, 12157 and 12158 at Kannagi Nagar, Okkiam Thoraipakkam, Chennai-97 and put the petitioners in possession of the same.
2. The petitioners state that they all belong to Economically Weaker Section. They have been in continuous possession and enjoyment of the houses at Door Nos.67-C, 67-A, 67-D and 67-B, Samidosspuram, Kilpauk, Chennai – 10 respectively and were residing along with their family members. The said lands belongs to the Water Board and so the petitioners were evicted from the said premises for the purpose of development to be carried out by the Chennai Metropolitan Water Supply and Sewerage Board.
3. The learned counsel for the petitioners states that the petitioners are eligible for allotment of tenement at Kannagi Nagar, Okkiam Thoraipakkam. The authorities have not considered their cases for allotment and therefore, the petitioners have chosen to file these writ petitions.
4. This Court passed an interim order on 11.03.2020 granting liberty to the writ petitioners to file a fresh application for allotment before the 2 nd respondent namely the Managing Director, Chennai Metropolitan Water Supply and Sewerage Board along with all necessary documents, proof of residence being residing for 5 years from the date of eviction and other documents.
5. When the matter is listed today after a lapse of more than two and half years, the learned counsel for the petitioners states that the petitioners had not submitted any applications and two weeks is required for submitting applications. It is made clear that the petitioners had not submitted any applications pursuant to the interim order passed by this Court on 12.03.2020.
6. The learned counsel for the petitioners states that due to Covid-19 pandemic, the petitioners had not submitted any applications. The said reason is not convincing and more so, an inference is to be drawn. The petitioners neither pursued nor is interested in pursuing the issue. More so, allotment can never be claimed as a matter of right. All allotments are to be made strictly in accordance with the rules in force.
7. Many similarly placed persons are waiting for their allotment by submitting their respective applications. The eligible applicants, who have submitted their applications are also to be considered in the order of seniority and by following the rules in force. The Urban Habitat Development Board has to co
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