Madras High CourtWP/14261/2015disposed of

M.Dharmalingam, v. The Government Of Tamil Nadu

2015-06-01Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.14261 of 2015 M.Dharmalingam ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-9.

2. The Manager Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-35.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent herein to dispose of the petitioner's appeal dated 08.02.2013 in the light of FR 54(9) which was acknowledged by the first respondent herein on 05.03.2013 within a time frame as fixed by this Court.

For Petitioner :

Mr.G.Saravanan For Respondents:

Mr.V.Jayaprakash Narayanan, Special Government Pleader - - - - -

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. This writ petition has been filed by the petitioner praying for the issuance of a Writ of Mandamus, directing the first respondent herein to dispose of the petitioner's appeal dated 08.02.2013 in the light of FR 54(9) which was acknowledged by the first respondent herein on 05.03.2013 within a time frame as fixed by this Court.

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3. Heard Mr.G.Saravanan, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents.

4. The grievance of the petitioner is that his appeal dated 08.02.2013 against the order of the Tamil Nadu Housing Board, in PROC.No.DC2/5921/2011, DATED 13.12.2012 is not yet disposed of.

5. According to the petitioner, the appeal has to be disposed of in the light of the judgment of the Division Bench of this Court reported in 2005 (4) CTC 7 [The Secretary, Vallalar Gurukulam Higher Secondary School, Vadalur, Cuddalore District Vs. District Educational Officer, Cuddalore, Cuddalore District and another] and also the judgment of this Court dated 18.09.2012 made in W.P.No.1581 of 2012.

6. In view of the narrow prayer made to dispose of the appeal, in the light of the aforesaid judgments and based on Fundamental Rule 54(9), the writ petition is disposed of directing the first respondent to dispose of the appeal dated 08.02.2013 preferred by the petitioner, in the light of the Fundamental Rule 54(9) and also the judgments referred to above, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. jrl s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Secretary to Government, The Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai-9.

2. The Manager Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-35.

+ 1 cc to Mr.G.Saravanan, Advocate SR 26386 + 1 cc to Govt.Pleader SR 25910 sr(co) prk10/6 W.P.No.14261 of 2015 https://hcservices.ecourts.gov.in/hcservices/