2025:MHC:2811 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-12-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP No. 792 of 2021

1. Muthumariamman Nagar Residents Welfare Association Registration No.3 of 1998, represented by its Secretary Mr.R.Thirupathy, No. 551/45 Muthumariamman Tample Street, P.H. Road, Arumbakkam, Chennai 600 106 Petitioner(s)

Vs

1. The Chairman and Managing Director Tamil Nadu Housing Board, Nandanam, Chennai 600 035

2.The State of Tamil Nadu represented by its Secretary-

Home Department, Fort St.George, Chennai 600 009

3.The District Collector Chennai Collectorate, Chennai 600 001

4.The Chairman Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai 600 005

5.The Additional Chief Secretary To Government, Revenue And Disaster Management Department, Secretariat, Chennai 600 009.

(R5-impleaded As Per Order Dated

02.04.2025 In Wmp.7489/2025 In Wp.792/2021) Respondent(s)

PRAYER Direct the respondents to provide alternate accommodation at NVN Nagar, Thirumangalam after taking enumeration to the members of the petitioner association in the light of W.P. No.18667 of 2020 dated 15.12.2020.

For Petitioner(s): Mr.S.Balasubramaniam For Respondent(s): Mr.D.Veerasekaran, Standing Counsel For Tnhb For R1.

Mr.T.Arun Kumar, Additional Government Pleader for R2,3 &5 Mr. B.Balaji, Standing Counsel For TNUHDB For R4.

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

Writ of mandamus has been instituted to direct the respondent to provide alternate accommodation at NVN Nagar, Thirumangalam.

2. Petitioner is an association, and members of the petitioner’s association are slum dwellers. The members had encroached upon the Government land, which was acquired and handed over to the Tamil Nadu Housing Board for developing housing schemes. Since the Housing Board has dropped the scheme, the acquired lands were re-conveyed to the owners of the land. Encroachers were also evicted by following due process of law. Petitioner association had earlier filed WP.No.18667 of 2020 and Division Bench of this Court passed an order on 15.12.2020, in which Tamil Nadu slum Clearance board has made a submission that alternate accommodation will be provided.

3. In compliance of the said submission, learned Standing Counsel for Tamil Nadu Housing Board would submit that encroachers were evicted and occupants who are encroached upon subject land were provided alternate accommodation at Ambattur, Athipattu Scheme of TNSC along with the rehabilitation charges of Rs.67,500/-. Slum Clearance Board has given the said amount to each eligible allottees along with the tenement under the Ambattur Athipattu Scheme of TNSC.

4. Not satisfied with the said accommodation, petitioner association filed present petition seeking that allotment is to be given only at NVN Nagar, Thirumangalam. Allotment of alternate accommodation to an encroacher is made only to ensure that their livelihood is protected. Welfare State under the Constitution is bound to protect livelihood of poor landless persons. Therefore, under the scheme, alternate accommodation is provided. However, allottees cannot seek an allotment in the place of their choice, and all such allotments are made subject to availability of tenements and by following procedures as contemplated for such allotments.

5. In the present case, alternate accommodation has already been provided along with rehabilitation charges of Rs.67,500/- per person and that being the factum, the present writ petition is devoid of merits.

6. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.)

05-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

1.The Chairman and Managing Director Tamil Nadu Housing Board, Nandanam, Chennai 600 035

2.The State of Tamil Nadu represented by its Secretary- Home Department, Fort St.George, Chennai

600 009

3.The Di