Madras High CourtWP/7541/2022disposed of

Bhavani v. Housing And Urban Development Department

2022-03-31Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. Nos.7541, 7545, 7551 of 2022 Bhavani

...Petitioner in W.P.Nos.7541 and 7551 of 2022

V.V.Gridharan

...Petitioner in W.P.No.7545 of 2022

Vs.

1. The Secretary to Government, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai 600009.

2. The Managing Director, The Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai 600035.

3. The Executive Engineer and Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, C-48, T.N.H.B.Commercial Complex, Anna Nagar, 2nd Avenue, Chennai 600040.

4. The Special Tahsildar, Tamil Nadu Housing Board, K.K.Nagar Division, Chennai.

5. The Tahsildar, Maduravoyal Taluk, Gangayamman Koil Street, Alappakkam, Chennai 600116.

...Respondents (in all W.Ps)

PRAYER in W.P.No.7541 of 2022: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fifth respondent to consider the petitioner's application No.2022/01005/02/276406 dated 01.03.2022 and to issue the patta to the petitioner for his property bearing Plot No.170, 171, 172 of the total extent of

3600 sq.ft in S.No.323/2, 324/1 in Balavinayar Nagar, Nerkundram Village, Ambattur Taluk, Tiruvallur District. PRAYER in W.P.No.7545 of 2022: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fifth respondent to consider the petitioner's application No.2022/0105/02/276405 dated 01.03.2022 and to issue the patta to the petitioner for his property bearing Door No.4A, Plot No.164, 165, 166, to an extent of 3600 sq.ft and Door No.18, Plot No.169, 168, 167 to an extent of 3600 sq.ft ad-measuring total extent of 7200 sq.ft in Balavinayar Nagar, Nerkundram Village, Ambattur Taluk, Tiruvallur District.

PRAYER in W.P.No.7551 of 2022: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fifth respondent to consider the petitioner's application No.2022/01005/02/276407 dated 01.03.2022 and to issue the patta to the petitioner for his property bearing Door No.9A, Plot No.181, 182, 183, 183A of the total extent of 4320 sq.ft in S.No.324/1, 325 in Balavinayar Nagar, Nerkundram Village, Ambattur Taluk, Tiruvallur District.

For All W.Ps For Petitioners :

Mr.M.Premkumar For Respondents :

Mr.R.P.Murugan Raja Government Advocate COMMON ORDER These Writ Petitions have been filed to issue a Writ of Mandamus, directing the fifth respondent to consider the petitioners'

application Nos.

2022/01005/02/276406, 2022/0105/02/276405, 2022/01005/02/276407 dated 01.03.2022 and to issue patta to the petitioners for their properties situated in Balavinayar Nagar, Nerkundram Village, Ambattur Taluk, Tiruvallur District.

Mr.R.P.Murugan Raja, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in these petitions, on the consent expressed by the Learned counsel appearing for either side, taken up for final disposal.

The case of the petitioners is that the petitioners are the owners of the properties bearing Plot No.170, 171, 172 of the total extent of 3600 sq.ft in S.No.323/2, 324/1, Door No.4A, Plot No.164, 165, 166, to an extent of 3600 sq.ft and Door No.18, Plot No.169, 168, 167 to an extent of 3600 sq.ft ad-measuring total extent of 7200 sq.ft and in Door No.9A,

Plot No.181, 182, 183, 183A of the total extent of 4320 sq.ft in S.No.324/1, 325, situated at Balavinayar Nagar, Nerkundram Village, Ambattur Taluk, Tiruvallur District. Earlier there was an acquisition proceedings in respect of the subject properties and subsequently, the entire acquisition proceedings was quashed by this Court. In order to obtain patta, the petitioners made applications in application Nos. 2022/01005/02/276406,2022/0105/02/276405, 2022/01005/02/276407 dated 01.03.2022. However, till date no order has been passed on the same. Hence, this present petition is filed. 4.

The learned counsel for the petitioners submitted that this Court may issue a direction to the fifth respondent to consider the representation of the petitioners dated 01.03.2022 and may pass appropriate orders within the stipulated time as fixed by this Court.

The learned Government Advocate appearing for the respondents, would submit that the representations made by the petitioners will be considered and appropriate orders will be passed on merits within the time frame to be fixed by this court.

In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the fifth respondent to consider the representation of the petitioners dated 01.03.2022 and after giving an opportunity of hearing to the petitioners and necessary parties, pass orders orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

With the above directions, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar mn To