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Madras High CourtWP/13190/2018dismissed for nonprosecution

D.Maheswari v. The State Of Tamil Nadu

2021-11-24Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.13190 of 2018 and W.M.P.Nos.15527 & 15528 of 2018 D.Maheswari

...Petitioner

Vs

1. State of Tamil Nadu, Rep. by its Secretary, Housing & Urban Development Department, Secretariat,Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3. The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Hosur Housing Unit, Hosur -9, Krishnagiri District.

...Respondents

Prayer Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned notification published in Daily Thanthi dated 27.05.2018 issued by the third respondent in so far as house No.HIG Old No.14, New No.316-H situated at A.Jettihalli Housing Unit, Dharmapuri concerned and quash the same and consequently direct the respondents herein to handover the possession of the house in so far as house No.No.HIG Old No.14, New No.316-H situated at A.Jettihalli Housing Unit, Dharmapuri by issuing final allotment order.

For Petitioner :

No Apperance For R1 :

Mr.V.Nanmaran Additional Government Pleader For R2 & R3 :

Mr.R.Bharath Kumar Standing Counsel

ORDER

This Writ Petition has been filed, for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned notification published in Daily Thanthi dated 27.05.2018 issued by the third respondent in so far as house No.HIG Old No.14, New No.316-H situated at A.Jettihalli Housing Unit, Dharmapuri concerned and quash the same and consequently direct the respondents herein to handover the possession of the house in so far as house No.No.HIG Old No.14, New No.316-H situated at A.Jettihalli Housing Unit, Dharmapuri by issuing final allotment order.

2.When the matter is taken up for hearing today, Mr.K.Munuswamy, learned counsel for the petitioner submitted that he has already given change of vakalat for the petitioner and there is no representation for the petitioner either in person or through any other counsel.

3.Thelearned Standing Counsel appearing for the respondents 2 and 3 would submit that the petitioner did not pay a single pie to the third respondent for the allotment of flat, therefore, the petitioner is not entitled for the allotment of flat and that may be the reason why the petitioner's counsel has given change of vakalat. Hence, prayed to dismiss the Writ Petition.

4.Though the learned Standing Counsel appearing for the respondents 2 and 3 would submit that the petitioner is not entitled for the allotment of flat for non-payment of any amount, since there is no representation for the petitioner, this Writ Petition is dismissed for non-prosecution. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rst To:

1. The Secretary, State of Tamil Nadu, Housing & Urban Development Department, Secretariat,Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3. The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Hosur Housing Unit, Hosur -9, Krishnagiri District.

+1cc to M/s.J.Selvarajan, Advocate, S.R.No.61280 +1cc to M/s.R.Bharathkumar, Advocate, S.R.No.61237 +1cc to the Government Pleader, S.R.No.61485 W.P.No.13190 of 2018 and W.M.P.Nos.15527 & 15528 of 2018 KSM(CO) RGA(09/12/2021)