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Madras High CourtWP/7530/2021dismissed for nonprosecution

Jayakumar Kachapeshwaran v. The Managing Director

2024-02-20Honourable Mrs Justice J. Nisha Banu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and WMP.Nos.8053, 8057 and 8060 of 2021 1.Jayakumar Kachapeshwaran 2.S.Jeyachandran 3.R.Seenivasan 4.N.Baskar ... Petitioners (P1 to P3 are withdrawn as per order dated 18.01.2023 in WMP.Nos.36537, 36534 and 36269 of 2023 in WP.No.7530/2021) vs.

1.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.

2.The Chief Engineer (City), Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.

3.The Superintending Engineer, (Chennai Circle) Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.

4.The Executive Engineer and Administrative Officer, No.48, Dr.Muthulakshmi Salai, 1/5

5.Sholinganallur Phase II TNHB 1500 MSB Flat Owners Welfare Association, rep.by its President, Door No.06/03, HIG 6th Block, 1st Floor, TNHB 1500, MSB flats, Phase II, Sholinganallur, Chennai 600 119.

6.The Manager-Marketing and Service Besant Nagar Division, Tamil Nadu Housing Board NO.48, Dr.Muthulakshmi Salai, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in letter No.ALI/3613/2013 dated 08.03.2021 on the file of the 6th respondent, TNHB 1500 MB flats phase II, T.N.H.B. Main Road, Sholinganallur and quash the same and direct the respondents 1 to 4 and 6 to continue the maintenance of the flats.

For Petitioner : No appearance For RR1 to 3 : Mr.V.Venkataseshaiya Standing Counsel For RR4 : Mr.D.Ravichander

O R D E R

On an earlier occasion, when the matter was taken up for hearing on 18.01.2023, the petitioners 1 to 3 were withdrawn vide WMP.Nos.36537, 36534 and 36269 of 2023.

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2. Subsequently, when the writ petition was taken up for hearing on 19.02.2024, Mr.T.N.Rajagopal, learned counsel who already appeared for the 4th petitioner would state that he has taken change of vakalat and Mr.M.Jeevanandhan, learned counsel is appearing for the 4th petitioner. However, there was no representation for the 4th petitioner. Therefore, it was posted under the caption 'for dismissal' on 20.02.2024. Even today, when the matter is called, there is no representation for the 4th petitioner. Therefore, this Court has no other option except to dismiss the writ petition for non-prosecution in respect of the 4th petitioner.

3. Accordingly, the Writ Petition is dismissed for non-prosecution in respect of the 4th petitioner. No costs. Consequently, connected miscellaneous petitions are closed.

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To 1.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.

2.The Chief Engineer (City), Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.

3.The Superintending Engineer, (Chennai Circle) Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600 035.

4.The Executive Engineer and Administrative Officer, No.48, Dr.Muthulakshmi Salai, 5.The Manager-Marketing and Service Besant Nagar Division, Tamil Nadu Housing Board NO.48, Dr.Muthulakshmi Salai, 4/5

J.NISHA BANU, J.

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