Nelin Periya Nayagam v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY J.Nelin Periya Nayagam .. Petitioner
Versus
1. The Principle Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Chairman and Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chennai - 600 005.
3. The Executive Engineer (Division-5), Tamil Nadu Urban Habitat Development Board, No.212, R.K. Muth Road, Mylapore, Chennai - 600 004.
4. Magimai Marry
5. J.Arvin
6. J.Peter .. Respondents 1/7
Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation, dated 22.11.2024. For Petitioner : Mr.S.Elankumaran For Respondents : Mrs.K.Suresh, Government Advocate, for R1 : Mr.G.Venkatesan, for RR-2 and 3
ORDER
This Writ Petition is filed for a direction to the second respondent to consider the petitioner's representation, dated 22.11.2024.
2. The grievance of the petitioner is that originally, there was allotment of the disputed property by the second respondent in favour of one Joseph. The petitioner is also a legal heir and some of the legal heirs alone are trying to get re-allotment of the property by leaving out the name of the petitioner.
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3. The learned Counsel for the second respondent board would submit that firstly, the board will verify whether there was any allotment in the name of Joseph or not and whether the legal heirs are entitled to with reference to any re-allotment.
4. In view thereof, this Writ Petition is disposed of at the admission stage itself without issuing any notice to the private respondents in view of the following order:- (i)The second respondent shall conduct an enquiry as to whether or not there is any allotment of the disputed property with reference to said Joseph and if so, whether the legal heirs are entitled for allotment/name change and if so, who are all the legal heirs and what relief should be granted and in whose name;
(ii) The said exercise shall be done by issuing due notice to the petitioner as well as the private respondents in this case; 3/7
(iii) Needless to mention that the contentions of the parties are kept open to be raised before the second respondent during the enquiry; (iv) The entire exercise shall be completed within a period of 12 weeks from the date of receipt/production of a web-copy of this order without waiting for a certified copy of this order; (v) There shall be no order as to costs.
13.02.2025 : no grs To
1. The Principle Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Chairman and Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Salai, Chennai - 600 005.
3. The Executive Engineer (Division-5), Tamil Nadu Urban Habitat Development Board, 4/7
No.212, R.K. Muth Road, Mylapore, Chennai - 600 004.
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D.BHARATHA CHAKRAVARTHY, J.
grs 6/7
13.02.2025 7/7