W.P.(MD)No.18220 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

W.P.(MD)No.18220 of 2020

(Through the Video Conferencing)

M.Uma

... Petitioner

Vs

1.The Chairman cum Managing Director,

Tamil Nadu Slum Clearance Board,

No.5, Kamarajar Salai, Ayothiya Nagar, Triplicane,

Chennai-600 005.

2.The Executive Engineer,

Madurai Division, Tamil Nadu Slum Clearance Board,

No.169, K.K.Nagar Main Road, Madurai-20.

3.The District Collector,

Collectorate, Madurai District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of

India to issue a Writ of Mandamus, directing the respondents to

allot the slum house to the petitioner at Panchayat Board Colony,

Avaniyapuram, Madurai District, under the Pradhan Mantri Awas

Yojana Scheme, by considering the petitioner's representation

dated 25.11.2020 made by the petitioner.

For Petitioner : Mr.I.Pinaygash

For R-1 & R-2

: Mr.M.Mahendran

Standing Counsel

For R-3

: Mr.A.Muthukaruppan

Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking

for a direction to the respondents to allot slum house to the

petitioner at Panchayat Board Colony, Avaniyapuram, Madurai

District, under the Pradhan Mantri Awas Yojana Scheme, by

considering the petitioner's representation dated 25.11.2020,

within time frame to be fixed by this Court.

2.

Mr.M.Mahendran, learned Standing counsel accepts

notice for the respondents 1 and 2 and Mr.A.Muthukaruppan, learned

Additional Government Pleader, accepts notice for the third

respondent.

1/3

https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.18220 of 2020

3. Heard Mr.I.Pinaygash, learned counsel for the

petitioner, Mr.M.Mahendran, learned Standing counsel for the

respondents 1 and 2 and Mr.A.Muthukaruppan, learned Additional

Government Pleader for the third respondent.

4. It is the case of the petitioner that she is a slum

dweller and she has submitted an application on 25.11.2020 with

the respondents seeking for allotment of house under the Pradhan

Mantri Awas Yojana Scheme at Panchayat Board Colony, Avaniyapuram,

Madurai District. According to the petitioner, the existing house

in which the petitioner and her family are staying, is likely to

be demolished on the ground that it is in a dilapidated condition.

Therefore, according to her, she will become homeless and

therefore, she has submitted the aforesaid representation under

the Pradhan Mantri Awas Yojana Scheme. According to her, the said

representation has not been considered by the respondents till

date. In such circumstances, this Writ Petition has been filed.

5. The relief sought for by the petitioner in this Writ

Petition is an innocuous relief. No prejudice will be caused to

the respondents if the said relief is granted.

6. The petitioner has given a representation seeking for

allotment of house under the Pradhan Mantri Awas Yojana Scheme.

It is also the case of the petitioner that the roof of her

existing house is covered by Asbestos sheet and it is in a

dilapidated condition and may fall on its own during the rainy

season and therefore, she may become homeless. According to her,

there is an urgency for allotment of a house in her favour in the

aforementioned scheme.

7. After giving due consideration to the aforementioned

factors, this Court is of the considered view that no prejudice

will be caused to the respondents, if the petitioner's

representation dated 25.11.2020 for allotment of house under the

Pradhan Mantri Awas Yojana Scheme is considered, by the third

respondent, on merits and in accordance with law.

8. For the foregoing reasons, this Court directs the

third respondent to consider the petitioner's representation dated

25.11.2020, seeking for allotment of a slum house t