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Madras High CourtWP/8195/2023disposed of

S.Kothaivalli v. The Managing Director

2023-03-15Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.8195 of 2023 S.Kothaivalli .....Petitioner Vs

1. The Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Road, Chepauk.

2. The Executive Engineer, Tamil Nadu Urban Habitat, Development Board, T.P.Chairman, Division No.III, Chennai-10. ......Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus order or direction in the nature of a writ, directing the respondents to allot house in Block No.1, Door No.5 or 6 in the first floor in the Tamil Nadu Urban Habitat Development Board 14 store House Building Complex At N.V.N Nagar, (Tirumangalam), Anna Nagar West, Chennai-600 040.

For petitioner : Mr. C.Prakasam For Respondents : Mr. S.Karthikeyan, Standing Counsel for Tamil Nadu Urban Habitat Development Board

ORDER

The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus directing the respondents to allot house in Block No.1, Door No.5 or 6 in the first floor in the Tamil Nadu Urban Habitat Development Board 14 store House Building Complex at N.V.N Nagar, (Thirumangalam), Anna Nagar West, Chennai-600 040.

2. Mr. S.Karthikeyan, learned Standing Counsel takes notice for respondents.

3. It is the case of the petitioner that earlier, she was allotted a house at Thirumangangalam Slum Clearance Board Building, Anna Nagar, Chennai. In the year 2018, the Government of Tamil Nadu having decided to demolish the old buildings, had constructed new buildings, wherein the

petitioner was allotted a house vide proceedings dated 11.06.2018. However, the due to some severe health issues, the petitioner's mother and her husband could not claim the staircase. Therefore, she made a representation dated 08.03.2023 to the 1st respondent seeking to allot a house in the newly constructed buildings particularly in the ground floor. However, the said representation was not considered by the respondents. Hence, the present petition has been filed.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent herein to consider the petitioner's representation dated 08.03.2023 and pass appropriate orders on the same, within the time that may be stipulated by this Court.

5. On the above contention, this Court heard the learned Standing counsel appearing for respondents.

6. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the 1st respondent to

consider the representation dated 08.03.2023 made by the petitioner and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order after affording an opportunity of personal hearing to the petitioner as well as the aggrieved parties, if any.

7. This Writ Petition stands disposed of with the above direction. There shall be no order as to costs.

15.03.2023 Index : Yes/No Internet : Yes NHS Note to Office :

Issue order copy on 11.04.2023.

To

1. The Managing Director, Tamil Nadu Urban Habitat Development Board, No.5, Kamarajar Road, Chepauk.

2. The Executive Engineer, Tamil Nadu Urban Habitat, Development Board, T.P.Chairman, Division No.III, Chennai-10.

M.DHANDAPANI, J.

NHS W.P.NO.8195 of 2023 15.03.2023