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Madras High CourtWP/8308/2020dispensed with ordered

A.P.Shareefa v. State Of Tamil Nadu,

2020-06-16Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.No.8308 of 2020 and W.M.P.Nos.9963 and 9964 of 2020 A.P.Shareefa W/o.of Late A.K.P.Ibrahim Rep.by Mr.Akbar Ali .. Petitioner Vs.

1. State of Tamilnadu Rep.by its Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2. The Manging Director, Tamil Nadu Housing Board, Nandanam Division, No.493, Anna Salai, Nandanam, Chennai - 600 035.

3. The Deputy Secretary (Revenue), Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

4. Tamil Nadu Housing Board, Rep.by its Executive Engineer-Cum- Administrative Officer, Nandanam Division, No.493, Anna Salai, Nandanam, Chennai - 600 035.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Certiorarified Mandamus to call for the records of the 4th respondent in letter No.N.D.R.11/2371/2016 dated 29.05.2020 and quash the same and forbearing the respondents from interfering with the peaceful possession of the residential premises in No.3-A, Old Tower Block, Nandanam, Extension, Nandanam, Chennai - 600 035. For Petitioner : Mr.L.G.Sahadevan

For Respondents: Mr.Inbanathan Special Government Pleader for R1 & R3

ORDER

This matter is taken up for hearing through VideoConferencing. 2.The petitioner challenges the order dated 29.5.2020 issued by the 4th respondent requiring the petitioner to vacate the premises occupied by her as per her undertaking given to this Court in the earlier writ petition viz., W.P.No.16266 of 2019. 3.Though, the learned counsel for the petitioner would raise several submissions assailing the impugned order, I do not find any merit in them, since the rights of the petitioner have been conclusively determined in the earlier proceedings and the petitioner had been granted time till 29.05.2020, to vacate and deliver vacant possession of the property to the Tamil Nadu Housing Board.

4.However, the learned counsel for the petitioner would plead that in view of the lock down imposed, the petitioner is unable to find an alternative accommodation and seeks extension of time to vacate and surrender the vacant possession. The Hon'ble Division Bench of this Court as well as the Hon'ble Supreme Court have taken note of the effect of the lock down and had stayed eviction proceedings.

5. In view of the same, the time granted till 29.05.2020 is extended till 31st October 2020. It is made clear that the petitioner will not be granted any further time. 6.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ms

To

1. The Secretary to Government, State of Tamilnadu Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2. The Manging Director, Tamil Nadu Housing Board, Nandanam Division, No.493, Anna Salai, Nandanam, Chennai - 600 035.

3. The Deputy Secretary (Revenue), Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

4. The Executive Engineer-Cum- Administrative Officer, Tamil Nadu Housing Board, Nandanam Division, No.493, Anna Salai, Nandanam, Chennai - 600 035.

W.P.No.8308 of 2020 and W.M.P.Nos.9963 and 9964 of 2020 MR(CO) GS(27/07/2020)