A.R.Palanisamy v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:20.03.2025 Coram:
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.6042 of 2025 A.R.Palanisamy, S/o Ramasamy, Door No.AF2, Suruthi Enclave, Dhanalakshmipuram, Kallimadai, Singanallur Post, Coimbatore 641 005.
.. Petitioner /versus/ 1.The Managing Director, Tamil Nadu Housing Board, 6th Floor, E-Market Road, Koyambedu, Chennai 600 107.
2.The Superintending Engineer cum Administrative Officer, Tamil Nadu Housing Board, Coimbatore Housing Development Division, Sowripalayam, Peelamedu, Coimbatore 641 004.
3.The Executive Engineer & Administrative Officer, Tamil naduHosuing Board, Coimbatore Housing Unit, 1/5
Tatabad, Coimbatore 641 012.
4.S.Girimurugan, S/o G.Subramaniam, Door No.359, Kumaran Nagar, Alagapuram, Kattur, Salem 636 016.
... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to forbear the respondents 1 to 3 from evicting the petitioner from his plot cum vacant land to an extent of 6440 sq.ft., situated at Old Survey No.795/1-Part, New Survey No.795/1A1 (Future Development Site) in the sanctioned plan, Kalapatty Nehru Nagar Scheme, Kalapatti Village, Coimabtore without following due process of law on the basis of the petitioner's representation dated 03.01.2025. For Petitioner :Mr.S.Venkatesh For Respondents :Mr.D.Veerasekaran, Standing Counsel TNHB R1 to R3 -----
ORDER
The prayer in the writ petition is to forbear the respondents 1 to 3 from evicting the petitioner from his plot-cum-vacant land to an extent of 6440 sq.ft. situatedat Old Survey No.795/1-Part, New Survey No.795/1A1 (Future Development Site) in the sanctioned plan, Kalapatty Nehru Nagar Scheme, Kalapatti Village, Coimabtore without following due process of law on the basis 2/5
of the petitioner's representation dated 03.01.2025. 2.When the matter came up for hearing, Mr.S.Venkatesh, learned counsel appearing on behalf of the petitioner would submit that when the petitioner has purchased the property by way of a duly registered sale deed, the authorities are insisting for cancellation of the said sale deed. The same is done otherwise than by due process of law.
3.Per contra, Mr.D.Veerasekaran, the learned Standing Counsel appearing on behalf of the respondents would submit that on perusal of the representation dated 03.01.2025, it states that as if the authorities orally directed the petitioner to do the same, the same cannot be correct. In any event, the first respondent will consider the representation dated 03.01.2025 and pass orders thereon in accordance with law.
4.In view thereof, this Writ Petition is disposed of on the following terms:- (i)The first respondent shall consider the representation of the petitioner dated 03.01.2025 and pass orders in accordance with law, within a period of eight 3/5
weeks from the date of receipt of the web copy of this order, without waiting for the certified copy of this order.
(ii) An opportunity of personal hearing of the petitioner shall also be granted. Consequently, connected Miscellnaeous Petition is closed. No costs. 20.03.2025 ari To 1.The Managing Director, Tamil Nadu Housing Board, 6th Floor, E-Market Road, Koyambedu, Chennai 600 107.
2.The Superintending Engineer cum Administrative Officer, Tamil Nadu Housing Board, Coimbatore Housing Development Division, Sowripalayam, Peelamedu, Coimbatore 641 004.
3.The Executive Engineer & Administrative Officer, Tamil naduHosuing Board, Coimbatore Housing Unit, Tatabad, Coimbatore 641 012.
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D.BHARATHA CHAKRAVARTHY,J.
ari and W.M.P.No.6042 of 2025 20.03.2025 5/5