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Madras High CourtWP/4912/2025disposed of

A.Kousalya v. The Managing Director,

2025-02-14Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY A.KOUSALYA ... Petitioner Vs 1.

THE MANAGING DIRECTOR, TAMIL NADU URBAN HABITAT DEVELOPMENT BOARD, NO.05, KAMARAJAR ROAD, AYOTHYA NAGAR, CHENNAI -600 005.

(R1- SUBSTITUTED AS PER ORDER DATED 14.02.2025 IN W.P.No. 4912 of 2025 BY DBCJ) 2.

EXECUTIVE ENGINEER, DIVISION -2 , TAMIL NADU URBAN HABITAT DEVELOPMENT BOARD, VYASARPADI, CHENNAI -600 039.

3.

ASSISTANT EXECUTIVE ENGINEER, DIVISION -2 , TAMIL NADU NEW URBAN HABITAT DEVELOPMENT BOARD, VYASARPADI, CHENNAI -600 039.

4.

ASSISTANT ENGINEER, DIVISION -2, TAMIL NADU NEW URBAN HABITAT DEVELOPMENT BOARD, VYASARPADI, CHENNAI - 600 039.

5.

INDHRA 6.

SAMPATH ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to consider the representation dated 14.10.2024 sent by the petitioner and further direct the respondents 1 to 4 to issue an allotment order, allotting the quarters in No. 20, 'C' Block, New Corporation Lane Clive Battery, Chennai 600 001 in favour of the petitioner.

For Petitioner : Mr.S.Parthasarathy For R1 to R4 : Mr.G.Sivakumar (TNUHDB)

ORDER

This writ petition has been filed to direct the respondents 1 to 4 to consider the representation of the petitioner dated 14.10.2024 and further to direct the respondents 1 to 4 to issue an allotment order, allotting the quarters in No. 20, 'C' Block, New Corporation Lane Clive Battery, Chennai 600 001 in favour of the petitioner.

2. The case of the petitioner is that the petitioner's mother was originally allotted with the tenement. The other legal heirs have settled their rights in favour of petitioner. However, when the petitioner sought to occupy 2/6

the tenement, to the petitioner's shock and surprise, the petitioner found two unauthorised occupants namely the respondents 5 and 6. As such, the petitioner made the representation dated 14.10.2024 to the respondents 1 to 4 and the first respondent namely the Managing Director, Tamil Nadu Urban Habitat Development Board has to consider the said complaint for further action.

3. Mr.G.Sivakumar, the learned Counsel takes notice for the respondents 1 to 4 and submits that if ample time is given, the petitioner's representation will be looked into in accordance with law.

4. In view of the limited relief that is granted, this writ petition is disposed of at the admission stage without notice to the respondents 5 and 6. However, all the right of the parties are kept open.

5. The first respondent is directed to conduct an enquiry on the representation dated 14.10.2024 submitted by the petitioner by issuing notices to the petitioner as well as respondents 5 and 6 and decide the matter in 3/6

accordance with law. The said exercise shall be completed within a period of four weeks from the date of receipt/production of the website uploaded copy of this order, without waiting for the certified copy of the order.

6. In view thereof, this writ petition is disposed of. No costs. 14.02.2025 2/2 nsl 4/6

To 1.

THE MANAGING DIRECTOR, TAMIL NADU URBAN HABITAT DEVELOPMENT BOARD, NO.05, KAMARAJAR ROAD, AYOTHYA NAGAR, CHENNAI -600 005.

2.

EXECUTIVE ENGINEER, DIVISION -2 , TAMIL NADU URBAN HABITAT DEVELOPMENT BOARD, VYASARPADI, CHENNAI -600 039.

3.

ASSISTANT EXECUTIVE ENGINEER, DIVISION -2 , TAMIL NADU NEW URBAN HABITAT DEVELOPMENT BOARD, VYASARPADI, CHENNAI -600 039.

4.

ASSISTANT ENGINEER, DIVISION -2, TAMIL NADU NEW URBAN HABITAT DEVELOPMENT BOARD, VYASARPADI, CHENNAI - 600 039.

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D.BHARATHA CHAKRAVARTHY, J.

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