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2021 Supreme(Online)(MAD) 17503
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.No. 16915 of 2018 Mr. J.Gandhi Rajan ...Petitioner Vs
1. The Principal Secretary/Managing Director, Tamil Nadu Slum Clearance Board, Chepakkam, Chennai.
2. The Executive Engineer, Tamil Nadu Slum Clearance Board, T.P. Chatiram, Chennai - 600 010.
3. The Estate Officer, Estate Office, Thirumangalam, Chennai - 600 040.
4. The Commissioner, Greater Chennai Corporation, Ripon Building, Park Town, Chennai - 600 003. ... Respondents (R4 impleaded vide order dated 09.04.2021 in W.M.P. No. 8379 of 2021)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider the Petitioner representation dated 18.09.2017 and to allot a shelter to the Petitioner under Jawaharlal Nehru National rehabilitation Scheme at Kuddappakkan Village in pursuance of eviction done by the Chennai Corporation Zone 11, Divisoin 144 in MSP Nagar, Kuvam canal river bank encroachment.
For Petitioner : Mr. B.Rajkumar For Respondents : Mrs. D.Latha, Standing Counsel for R1 and R2 Mr. Raja Srinivas, Standing Counsel for R4
O R D E R
(Order of the court was made by N.KIRUBAKARAN.J.,)
The matter was heard through "Video Conference".
2.The Petitioner has sought for a Writ of Mandamus directing the First Respondent to consider the Petitioner representation dated 18.09.2017 and to allot a shelter to the Petitioner under Jawaharlal Nehru National rehabilitation Scheme at Kuddappakkan Village in pursuance of eviction done by the Chennai Corporation Zone 11, Divisoin 144 in MSP Nagar, Kuvam Canal River Bank encroachment.
3. The Petitioner contends that he was occupying a plot in Kuvam Canal River Bank named as MSP Nagar Kuvam Canal Bank. However, the authorities have removed the Petitioner under the Jawaharlal Nehru National Rehabilitation Plan Project. In view of that the Petitioner gave representation dated 18.09.2017 to allot a shelter.
4. Heard Mr. B.Rajkumar, Learned Counsel for the Petitioner, Mrs. D.Latha, Learned Standing Counsel for the First and Second Respondents and Mr. Raja Srinivas, Learned Standing Counsel for the Fourth Respondent.
5. The Petitioner is unable to show any identity card given to him by the Slum Clearance Board or by any other authorities while evicting. It seems that the Petitioner's mother has been given identity card and she has already been given alternate accomodation and she is residing in another address. A family residing in one plot can be given alternate accomodation. However, all the members of the family are not entitled for alternate accommodation. Therefore, the Petitioner cannot be alloted an alternate accomodation. Hence, the representation cannot be directed to be considered by the First Respondent.
6. Accordingly, this Writ Petition is dismissed . No costs.
[N.K.K.,J.] [T.V.T.S.,J.]
09.04.2021
2/2 ay Index: Yes/No Internet: Yes/No To
1. The Principal Secretary/Managing Director, Tamil Nadu Slum Clearance Board, Chepakkam, Chennai.
2. The Executive Engineer, Tamil Nadu Slum Clearance Board, T.P. Chatiram, Chennai - 600 010.
3. The Estate Officer, Estate Office, Thirumangalam, Chennai - 600 040.
4. The Commissioner, Greater Chennai Corporation, Ripon Building, Park Town, Chennai - 600 003.
N.KIRUBAKARAN, J.
AND T.V.THAMILSELVI , J.
ay W.P.No. 16915 of 2018 Dated:09.04.2021
