Madras High CourtWP/11829/2018disposed of

P.Dhamodaran, v. The Government Of Tamil Nadu,

2018-06-11Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.11829 of 2018 and WMP.No.13809 of 2018

1. P.Dhamodaran

2. R.Govindrajan

3. R.Mahadevan

4. R.Kesavan

5. M.G.Subderbabu ..Petitioners Vs

1. The Government of Tamil Nadu Rep. By its Secretary to Government, Housing and Urban Development Department, Fort St, George, Madras - 600 009.

2. The Chairman Tamil Nadu Housing Board Nanthanam, Madras - 600 035.

3. The Special Thasildar Land Accusation - VII Tamil Nadu Housing Board Scheme, Arignar Anna Shopping Complex, Madras - 600 017.

4. Assistant Director/Urban Development, Regional Joint Director, Chengulpet Region 124, GST Road, Chengulpet -1.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the 1st respondent to Re-convey the land, situated in Survey No.68/3, 69, 71, 74, 56, at Alapakkam Village, Chengalpattu Taluk, Kancheepuram District, to the petitioner as per the stand taken by the respondents and the consequential directions issued in Writ Petition W.P.No.11491/1991 and W.P.No.15779/1992, by considering the representation of the petitioners dated 07.04.2018.

For Petitioners : Mr.B.Balavijayan For Respondents : Mr.B.Anand Government Advocate for R1, R3 and R4 : Mr.B.Vivekavanan Standing Counsel for R2

ORDER

Heard the learned counsel for the petitioner, the learned Government Advocate appearing for the respondents 1, 3 and 4 and the learned standing counsel appearing for the 2nd respondent and perused materials available on record.

2. This writ petition has been filed for issuance of a Writ of Mandamus to direct the first respondent to Re-convey the land, situated in Survey Nos.68/3, 69, 71, 74, 56, at Alapakkam Village, Chengalpattu Taluk, based on the petitioners representation dated 07.04.2018.

3. The learned counsel for the petitioners would submit that it would suffice, if a direction is issued to the first respondent to consider and pass orders on the representation of the petitioners.

4. The learned counsels appearing for the respondents submitted the petitioner has not produced any proof for submitting a representation. Considering the prayer sought for in this writ petition, the petitioner may be directed to give a fresh representation to the first respondent and the first respondent is ready to consider the same in accordance with law.

5. In the light of the above submissions made on either side, this Court, without going into the merits of the case, directs the petitioners to give a fresh representation to the first respondent by enclosing a copy of this order within a period of two weeks. On such compliance, the first respondent shall consider the same and pass orders on merits and in accordance with law, after providing an opportunity of hearing to all the necessary parties, within a period of twelve weeks therefrom.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar

msrm To

1. The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St, George, Madras - 600 009.

2. The Chairman Tamil Nadu Housing Board Nanthanam, Madras - 600 035.

3. The Special Thasildar Land Accusation - VII Tamil Nadu Housing Board Scheme, Arignar Anna Shopping Complex, Madras - 600 017.

4. The Assistant Director/Urban Development, Regional Joint Director, Chengulpet Region 124, GST Road, Chengulpet -1.

+1cc to Mr.B.VIVEKA VANAN, Advocate, S.R.No.36396 +1cc to Mr.B.BALAVIJAYAN, Advocate, S.R.No. 36190 +1cc to the Government Pleader, S.R.No. 37026 W.P.No.11829 of 2018 TR(20/06/2018)