A. SEKAR Vs. CHAIRMAN

JUDGEMENT

(1.) The Writ Petition had been filed by the petitioner, in the nature of a Writ of Certiorarified Mandamus calling for the records of the second respondent which culminated in the impugned notice and quash the same.

(2.) The petitioners had been allotted a house bearing No.12, I Block, Alayamman Koil Street, Teynampet, by the first respondent, Chairman, Tamil Nadu Slum Clearance Board, on 19.11.1994 under a Hire Purchase Scheme. The house of the petitioners was part of 12 blocks of houses (A-J) allotted by the first respondent under Mambalam Erikarai Scheme. There were totally 118 houses. The entire area is claimed to be a 'slum area' in terms of Section 3(1) of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971. The petitioners claimed to have been paid all the instalments. The petitioners further claim that they came across a notice dated 27.09.2019 issued in the name of the second respondent, namely, the Assistant Executive Engineer-Division V, Tamil Nadu Slum Clearance Board, Teynampet, Chennai, stating that since the 118 houses in Blocks A-J in Alaiyamman Koil Street, Teynampet, is a dilapidated condition, it had been proposed by the Government to demolish the houses and built new Apartment complexes under the Prime Minister's 'Housing for all' Scheme and that the details of the residents are required before 25.09.2019. The petitioners claimed that they had issued a reply to the second respondent through their counsel. It was further stated that another notice was pasted on 12.10.2019 addressed to the petitioners by the second respondent once again stating that the buildings are in a dilapidated condition and that the said condition had been certified by an expert team and calling upon the petitioners to produce documents relating to their possession. The notice further directed the petitioners to vacate the premises on or before 21.10.2019. The petitioners again replied by notice through their counsel on 14.10.2019. The petitioners claimed that the respondents have taken coercive steps in violation of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971. It is under these circumstances that the Writ Petition came to be filed.

(3.) A counter affidavit has been filed by the respondent. It had been stated that the 118 houses in Alaiyamman Koil Phase-II had been constructed by the Tamil Nadu Housing Board about 49 years ago and were transferred to the Tamil Nadu Slum Clearance Board. It was stated that there were also 150 huts which had been put up by encroachers in the area. It was stated that the expert committee had declared the slum tenements to be in an irreparable condition and had therefore recommended to demolish and reconstruct the same. It was stated that the Government had obtained approval for construction of 324 slum tenements with financial assistance from the Government of India, Government of Tamil Nadu and contribution from beneficiaries. The contract was finalised on 31.01.2019 for reconstruction. The representatives had requested all the allottees to submit necessary copies of documents, viz., Aadhaar Card, Ration Card and allotment letter to finalise the enumeration list. It was also stated that a sum of Rs.8,000/- would be paid as shifting allowance and though the present plinth area was 150 sq.ft., the plinth area in the constructed house would be 400 sq.ft., with additional facilities. It was also stated that the encroachers had filed W.P.No. 29667 of 2019 and a Division Bench of this Court had directed the Association to co-operate for the enumeration process. It was therefore stated that the Writ Petition should be dismissed.