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2026 Supreme(Online)(Mad) 26945

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Manikandan – Appellant
Versus
The Managing Director, Tamil Nadu Slum Clearance Board – Respondent
Writ Petition



Advocates:
For the Petitioner(s): Mr.M.Madhu Prakash
For the Respondent(s): Mr.G.Venkatesan

Court directs authority to consider eligible beneficiary's representation for housing allotment under rehabilitation scheme within stipulated time.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus directing consideration of his representation dated 09.01.2026 for allotment of a flat in the Nochikuppam Housing Scheme under the Tsunami Reconstruction Project. The petitioner, son of a beneficiary whose temporary shelter was provided post-Tsunami, claimed continuous residence and eligibility despite the father's disappearance. The court noted submissions that authorities were allotting flats to non-residents and false FIRs were filed against the petitioner. The respondents submitted that the second respondent was the appropriate authority to decide. The court directed consideration without merits adjudication. The primary issue was whether the second respondent should consider the representation for flat allotment. The ratio decidendi emphasized directing the competent authority to evaluate claims on merits, providing opportunity to parties, within a stipulated time, balancing rehabilitation rights against administrative discretion. The writ petition was disposed of with directions to the second respondent to consider the representation dated 09.01.2026 and pass appropriate orders within six weeks.

Table of Content
1. petition seeks mandamus for housing allotment consideration. (Para 1 , 2)
2. petitioner claims eligibility via continuous residence post-tsunami. (Para 3)
3. parties submit on allotments to outsiders and authority competence. (Para 5)
4. court directs consideration on merits within six weeks. (Para 6 , 7)

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to consider the petitioner’s representation dated 09.01.2026 and to direct the second respondent to allot a flat to the petitioner in the Nochikuppam Housing Scheme.

2. Heard the learned counsel appearing on either side. With the consent of both sides, the main Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that he belongs to the traditional fishing Community of Nochikuppam and his family resided in the coastal hamlet for generations and their livelihood is entirely dependent on the sea. Due to Tsunami, the petitioner’s ancestral home was destroyed and the petitioner’s father namely, Mr.Sivalingam was provided a temporary shelter as part of the Government’s rehabilitation Scheme. While so, the petitioner’s father left the locality and his whereabouts were not known and the petitioner, being his son and the sole legal heir of Mr.Sivalingam has continued to reside in the temporary dwelling, maintaining uninterrupted possession and fulfilling all criteria for permanent rehabilitation under the Tsunami Reconstruction Project.

Despite completion of the housing project and numerous personal representations of the petitioner, the respondents have failed to issue the formal allotment order to the petitioner, hence this present Writ Petition. 4. The learned counsel for the petitioner would submit that the respondents are attempting to allot the flats to the third parties and outsiders, who were never the residents of Nochikuppam and when the same was questioned, the authorities resorted to police, wherein false FIRs have been registered.

5. The learned counsel for the respondents submitted that the appropriate authority to consider the representation of the petitioner is the second respondent and there may be a direction to the second respondent to consider and pass appropriate orders on the petitioner’s representation, within a reasonable time.

6. Considering the facts and circumstances of the case and also taking note of the submissions of the respective learned counsels, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 09.01.2026 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of the order, after providing opportunity to the necessary parties.

7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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