Mrs. Bakyalakshmi Natarajan, v. State Rep. By The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.6446 of 2017 and W.M.P.No.6956 of 2017 Bakyalakshmi Natarajan ... Petitioner Vs.

1.State rep by The Secretary to Government, Housing, Fort St. George, Secretariat, Chennai - 9.

2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 35.

3.The Executive Engineer & Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, Madras - 83.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to accept the old rent of Rs.682/- per month towards "Open space" instead of enhanced rent of Rs.3,585/- from 01.04.2016 to 31.03.2017 and again enhanced on 24.02.2017 upto Rs.4,779/- and also directed to pay the arrears to the tune of Rs.4,28,201/- to the petitioner as per letter from the 3rd respondent No.F4/12460/84 dated 13.09.1988.

Petitioner : Mrs.Bakyalakshmi, Party-in-person For Respondents : Mr.R.Rajeswaran, Special Government Pleader (R1) Mr.V.Anandamoorthy (R2)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to accept the old rent of Rs.682/- per month towards "Open space" instead of enhanced rent of Rs.3,585/- from 01.04.2016 to 31.03.2017 and again enhanced on 24.02.2017 upto Rs.4,779/- and also to direct the respondents to pay the arrears to the tune of Rs.4,28,201/- to the petitioner as per letter from the 3rd respondent dated 13.09.1988.

2.Though the respondents have filed their counter, when the matter is taken up for hearing, Mr.V.Anandamoorthy, learned Standing Counsel for the respondents submitted that the 3rd respondent is going to withdraw the order dated 21.12.2016 and would be issuing a fresh order to the petitioner. Further, the learned standing counsel submitted that recording his submission, the Writ Petition may be closed.

3.In view of the submissions made by the learned standing counsel for the respondents that the 3rd respondent is going to withdraw the order

dated 21.12.2016, I do not find any reason to keep the Writ Petition pending. Accordingly, the Writ Petition is closed. It is open to the 3rd respondent to pass fresh orders in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed. Index : No 04.09.2017 Internet : Yes va To 1.The Secretary to Government, Housing, Fort St. George, Secretariat, Chennai - 9.

2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 35.

3.The Executive Engineer & Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, Madras - 83.

M.DURAISWAMY, J.

va W.P.No.6446 of 2017 and W.M.P.No.6956 of 2017 04.09.2017