S.Anandharaj v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Anandharaj .. Petitioner Vs 1.The Managing Director, Tamilnadu Housing Board, CMDA Building, Koyambedu, Chennai.
2.The Chairman, Tamilnadu Housing Board, CMDA Building, Koyambedu, Chennai.
3.The Executive Engineer, Tamilnadu Housing Board, K.K. Nagar Division, Chennai.
4.The Assistant Executive Engineer, Greater Chennai Corporation, Zone XI Ward 145, Valasaravakkam, Chennai.
5.Narayanamurthy 6.Jayanthi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to take appropriate and effective steps to remove the encroachments and take possession of the property being about 10 grounds in S.Nos.70/2B1 and 70/2B2A2 in Nerkundram Village, Maduravoyal Taluk, Chennai District belonging to the Tamilnadu Housing Board. For the Petitioner : Ms.R.Revathy For the Respondents : Mr.A.M.Ravindranath Jeyapaul for respondents 1 to 3 : Mr.Arun Babu Standing Counsel for respondent No.4 : Mr.N.Suresh for respondents 5 and 6
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Ms.R.Revathy, learned counsel for the petitioner; Mr.A.M.Ravindranath Jeyapaul, learned counsel for
respondents 1 to 3; Mr.Arun Babu, learned Standing Counsel for respondent No.4; and, Mr.N.Suresh, learned counsel for respondents 5 and 6.
2. Learned counsel for the third respondent placed on record the final order of the Competent Authority under Section 84(1) of the Tamil Nadu Housing Board Act, 1961, dated 18.12.2023.
3. Under the said order dated 18.12.2023, a direction is given to the fifth respondent to deliver the peaceful possession of the property within one month, else eviction would be carried out by the third respondent. The said order itself provides that appeal lies against the said order within thirty days.
4. As steps are already taken by the third respondent, no further orders are necessary in the present writ petition.
5. It is for the fifth respondent to take steps as may be permissible under law with regard to the order passed under Section
84(1) of the Tamil Nadu Housing Board Act, 1961. The writ petition, as such, stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.9561 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 19.12.2023 Index :
Yes/No Yes/No sasi To:
1.The Managing Director, Tamilnadu Housing Board, CMDA Building, Koyambedu, Chennai.
2.The Chairman, Tamilnadu Housing Board, CMDA Building, Koyambedu, Chennai.
3.The Executive Engineer, Tamilnadu Housing Board, K.K. Nagar Division, Chennai.
4.The Assistant Executive Engineer, Greater Chennai Corporation, Zone XI Ward 145, Valasaravakkam, Chennai.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 19.12.2023