Madras High Court
Tamil Nadu Slum Clearance Board vs Hameed Basha on 6 December, 2021
W.A.No.2905 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 06.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. J. SATHYA NARAYANA PRASAD
W.A.No.2905 of 2021 and
C.M.P.No. 19611 of 2021
1. Tamil Nadu Slum Clearance Board,
[Now renamed as Tamil Nadu Urban Habitat
Development Board],
Rep. By its Managing Director,
No.5, Kamarajar Salai, Chennai – 600 005.
2. Executive Engineer,
Division – 1,
Tamil Nadu Slum Clearance Board,
[Now renamed as Tamil Nadu Urban Habitat
Development Board],
Tondaiyarpet, Chennai – 600 081. ... Appellants
v.
1. Hameed Basha
2. The Commissioner,
Corporation of Chennai,
Chennai – 600 003.
3. The Assistant Engineer,
Corporation of Chennai, Division No.4,
Korrukupet, Chennai – 600 021. ... Respondents
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W.A.No.2905 of 2021
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order
dated 07.01.2020 made in W.P.No.27469 of 2019.
For Appellants : Mr. Silambannan,
Addl. Advocate General
Asst. by Mr.S.Prabhu
For Respondents : Mr. T.Mohan
for Mr. V. Hari Babu - R1
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the order passed W.P.No.27469 of 2019, the
respondents 1 and 2 in the Writ Petition have filed the above Writ
Appeal.
2. The 1st respondent filed the Writ Petition to issue a Writ of
Mandamus, directing the respondents 1 and 2 to consider his
representation dated 26.10.2018, seeking allotment of the rest rooms,
situated adjacent to his property at Door No.179, D Street, J.J. Nagar,
Korrukkupet, Chennai, in his favour.
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W.A.No.2905 of 2021
3. The learned Single Judge, by order dated 07.01.2020, disposed
of the Writ Petition directing the respondents to conduct a physical
enquiry of the property in question and the adjacent toilets which are
now in unused condition and after hearing the 1st respondent-writ
petitioner or his Power of Attorney, allot the space of the toilet to him by
fixing rent as per the market value. Aggrieved over this direction, the
appellants have filed the above Writ Appeal.
4. Mr. Silambannan, learned Additional Advocate General,
appearing for the appellants submitted that the prayer sought for in the
Writ Petition is only to issue Writ of Mandamus to consider the 1st
respondent-writ petitioner's representation dated 26.10.2018. However,
the learned Single Judge disposed of the Writ Petition by giving a
positive direction to allot the space of the toilet to the 1st respondent-
writ petitioner.
5. Mr. T.Mohan, learned counsel appearing for the 1st respondent
fairly submitted that the Writ Appeal may be disposed of by giving a
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W.A.No.2905 of 2021
direction the 1st appellant to consider the 1st respondent-writ petitioner's
representation dated 26.10.2018, seeking allotment of rest rooms, within
a time frame instead of giving a positive direction to the appellants to
allot the space of the toilet.
6. In view of the submissions made by the learned counsel on
either side, we modify the order passed on 07.01.2021 made in
W.P.No.27469 of 2019 by giving a direction to the 1st appellant to
consider the 1st respondent-writ petitioner's representation dated
26.10.2018 and pass orders, after after giving an opportunity of hearing
to him, within a period of four weeks, from the date of receipt of a copy
of this Judgment. No costs. Consequently, the connected Miscellaneous
Petition is closed.
[M.D., J.] [J.S.N.P., J.]
06.12.2021
Index : Yes/No
Internet: Yes
Note : (i) Registry is directed to upload the
order copy in the website today itself.
(ii) Issue order copy today itself
Rj
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W.A.No.2905 of 2021
To
1. The Commissioner,
Corporation of Chennai,
Chennai – 600 003.
2. The Assistant Engineer,
Corporation of Chennai, Division No.4,
Korrukupet, Chennai – 600 021.
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W.A.No.2905 of 2021
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.No.2905 of 2021 and
C.M.P.No. 19611 of 2021
06.12.2021
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