T.Muthiyan v. Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.8391 of 2023 and W.M.P.No.8571 of 2023 T.Muthiyan
...Petitioner
vs.
1. Managing Director, Tamil Nadu Housing Board, CMDA Complex, E.C.Market Road, Koyambedu, Chennai - 600 107.
2. Superintending Engineer, Tamil Nadu Housing Board, Anna Nagar Division, Thirumangalam Complex, Chennai - 600 101.
3. Executive Engineer, Tamil Nadu Housing Board, Anna Nagar Division, Thirumangalam Complex, Chennai - 600 101.
4. Subbu @ Subramani ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent, the Executive Engineer Tamil Nadu Housing Board to Register the property / land allotted 1/6
to the petitioner, Tamil Maanila Kattida Thozhilalar Sangam, vide resolution no.85/90 dated 06.11.1990 and issued vide letter no.P3/1529/88 dated 07.01.1991.
For Petitioner : Mr.T.Sivagnanasambandan For Respondents : Mr.D.Veerasekaran for R1 to R3
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the third respondent, the Executive Engineer Tamil Nadu Housing Board to Register the property / land allotted to the petitioner, Tamil Maanila Kattida Thozhilalar Sangam, vide resolution no.85/90 dated 06.11.1990 and issued vide letter no.P3/1529/88 dated 07.01.1991.
2. Since no adverse order is being passed against the fourth respondent, notice to the fourth respondent is dispensed with.
3. It is the case of the petitioner that he is the General Secretary of Tamil Maanila Kattida Thozhilalargal Sangam, which is a registered Trade Union constituted in the year 1983 for the welfare and training of the 2/6
construction workers / labourers. The Tamil Nadu Housing Board in its Board meeting passed a resolution on 06.11.1990 and issued a letter dated 07.01.1990 to allot 11 grounds 85 sq.ft. for the said Sangam. Seeking to register the sale deed of the property alloted in favour of the Trade Union, the petitioner made a representation dated 31.01.2023, before the third respondent. But the same was not considered. Hence the present writ petition.
4. Though very many grounds have been raised in the present writ petition, it would suffice if this Court issues a direction to the third respondent to consider the petitioner's representation dated 31.01.2023 and pass appropriate orders within the time frame that may be fixed by this Court.
5. Learned counsel appearing for the respondents 1 to 3 has no objection for the said order being passed.
6. Heard learned counsel appearing on either side and perused the 3/6
materials placed before this Court.
7. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the third respondent to consider the petitioner's representation dated 31.01.2023 and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the aggrieved persons if any including the fourth respondent within a period of four weeks from the date of receipt of a copy of this order.
8. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17.03.2023 RAP Index :
Yes/No Speaking order :
Yes/No To 4/6
1. Managing Director, Tamil Nadu Housing Board, CMDA Complex, E.C.Market Road, Koyambedu, Chennai - 600 107.
2. Superintending Engineer, Tamil Nadu Housing Board, Anna Nagar Division, Thirumangalam Complex, Chennai - 600 101.
3. Executive Engineer, Tamil Nadu Housing Board, Anna Nagar Division, Thirumangalam Complex, Chennai - 600 101.
M.DHANDAPANI, J.
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