Rajan Abraham v. The Executive Enginner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.Nos.16903, 16914 and 16917 of 2020 and WMP.Nos.20979, 20986 and 20991 of 2020 Rajan Abraham
...Petitioner in W.P.No.16903/2020
P.O.Abraham
...Petitioner in W.P.No.16914/2020
Aleyamma Abraham
...Petitioner in W.P.No.16917/2020
vs.
1.The Executive Engineer, JJ Nagar Division, Tamil Nadu Housing Board, Thirumangalam, Chennai 600 101.
2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.
3.The Chairman, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.
... Respondents in all petitions Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to deliver the possession of alternative site comprised in plot nos. 132, 131 and 133 respectively in any of the area within Anna Nagar limits in proportionate to the land acquired as agreed by the Tamil Nadu Housing Board in their proceedings dated 25.04.1993, 25.04.1993 and 1/5
25.01.1993 respectively bearing memorandum no.AN/SUR/5506-A/90 duly issued by the Executive Engineer and Administrative Office, Tamil Nadu Housing Board, Anna Nagar Division, 2nd Avenue Anna Nagar Madras 40 the first respondent herein or in the alternative release the lands originally acquired by the petitioner duly covered by a registered sale deed pertaining to all the piece of land in all measuring 3 cents together with superstructure measuring 300 sq.ft within S.F.No.137 situated at Koyambedu Village Chennai 106 Egmore Nungambakkam Taluk Madras within the sub registration - district of Anna Nagar and within the registration district of madras north as the said land is lying vacant since the same had not been utilized for the purposes for which it had been acquired.
In all W.P.'s:
For Petitioners : Mr.D.Ashok Kumar For Respondents : Mr.D.Veerasekaran Standing Counsel ****** C O M M O N O R D E R These Writ Petitions have been filed to direct the respondents to deliver the possession of alternative site comprised in plot nos.131, 132, 133 to the petitioners, as agreed by the Tamil Nadu Housing Board in their proceedings dated 25.04.1993,since the same have not been utilized 2/5
for the purposes for which it had been acquired.
2. Today, when the matter is taken up for hearing, the learned standing counsel appearing for the respondents would submit that already plot No.133 was allotted in favour of the petitioner viz. Aleyamma Abraham and in respect of Plot Nos.131 and 132, steps are being taken for granting allotment to the remaining two petitioners viz. P.O.Abraham and Rajan Abraham and presently, the files are pending before the second respondent.
3. Since plot No.133 was allotted in favour of the petitioner viz. Aleyamma Abraham, the learned counsel for the said petitioner, seeks permission of this Court to dismiss the writ petition as 'not pressed' and he also made an endorsement to that effect. Therefore, W.P.No.16917 of 2020 is dismissed as 'not pressed'.
4. In respect of the other two petitioners, namely P.O.Abraham and Rajan Abraham, the learned standing counsel appearing on behalf of the respondents /Tamil Nadu Housing Board would state that the process of allotment of plots to them has been initiated and the said file is pending before the second respondent.
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J.NISHA BANU, J.
sk
5. Since already process has been initiated for allotment of plots, the second respondent is directed to pass appropriate orders within a period of four(04) weeks from the date of receipt of a copy of this order. Accordingly, W.P.Nos.16903 and 16914 of 2020 are disposed of. No costs. Consequently connected miscellaneous petitions are closed. 28.03.2024 Index :Yes/No Speaking /Non speaking order sk To 1.The Executive Engineer, JJ Nagar Division, Tamil Nadu Housing Board, Thirumangalam, Chennai 600 101.
2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.
3.The Chairman, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.
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Common order made in W.P.Nos.16903, 16914 and 16917 of 2020 5/5