Desapattu v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.6733 of 2023 and W.M.P.No.6796 of 2023 Desapattu

...Petitioner

vs.

1. The Managing Director, Tamilnadu Urban Habitat Development Board, No.5, Kamaraja road, Chepauk, Chennai - 600 005.

2. The Estate Officer, Division - II, Tamilnadu Urban Habitat Development Board, Chennai - 600 039.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus thereby direct the respondents to consider the petitioner representation dated 27/12/22 and issue the allotment order in my favour for the tenement in door No.529 I-Block Ghousemoideenpet, Royapuram, constructed by the respondents.

For Petitioner : Mr.V.Ramamurthy For Respondents : M/s.S.Karthikeyan Standing counsel for R1 and R2 1/5

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 27.12.2022 and to issue the allotment order in her favour for the tenement in door No.529 I-Block Ghousemoideenpet, Royapuram, constructed by the respondents.

2. It is the case of the petitioner that she is residing in Door No.529, IBlock Ghousemoideenpet, Royapuram and she was permitted to occupy the above said tenement by the respondents. Eversince the permission was granted by the respondents, the petitioner and her husband were occupying the said tenement for the past 17 years. Further, it is the case of the petitioner that she made an application for allotment of tenement in the year 2017 and obtained electricity service connection and Ration card was also given to her. Though she was repeatedly informed by the officials that the allotment order would be issued in her favour after due verification, however, till date no allotment order has been issued to her. While so, the Petitioner made a representation dated 27.12.2022 before the respondents, however the same has not yet been considered. Hence the present writ 2/5

petition is filed.

3. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the second respondent to consider the petitioner's representation dated 27.12.2022 and pass appropriate orders within the time frame that may be fixed by this Court.

4. Learned Standing counsel appearing for the respondents has no objection for the said order being passed.

5. Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the second respondent to consider the said representation dated 27.12.2022 made by the petitioner after affording an opportunity of hearing to the petitioner as well as the aggrieved persons if any and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

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6. This Writ Petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is closed. 07.03.2023 RAP Index :

Yes/No Speaking order :

Yes/No To

1. The Managing Director, Tamilnadu Urban Habitat Development Board, No.5, Kamaraja road, Chepauk, Chennai - 600 005.

2. The Estate Officer, Division - II, Tamilnadu Urban Habitat Development Board, Chennai - 600 039.

M.DHANDAPANI, J.

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RAP 07.03.2023 5/5