Govindaraj v. The Chairman Cum Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.12811 of 2020 Govindaraj .. Petitioner Vs.

1. The Chairman cum Managing Director TNHB, Nandanam Chennai-35

2. The Executive Engineer Tamil Nadu Housing Board Bagalur Salai Hosur-635 109

3. Ashokan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 herein to consider the petitioner's representation dated 27.12.2019 insofar as relates to allotment of two plots to the third respondent is concerned in accordance with law and within a stipulated period.

For Petitioner :

Mr.K.Govi Ganesan For Respondents :

Mr.R.Bharath Kumar for respondents 1 and 2 Mr.N.Subramaniyam for respondent-3

ORDER

(Made by SENTHILKUMAR RAMAMOORTHY, J.) The petitioner seeks consideration of the representation dated 27.12.2019 made to the Tamil Nadu Housing Board in relation to the allotment of plots.

2. The petitioner alleges that the third respondent herein, https://hcservices.ecourts.gov.in/hcservices/

who purchased plot nos.6 and7, MIG-I at Mullai Nagar, had already been allotted a house in LIG 159, Old Rayakottai HUDCO by the Tamil Nadu Housing Board and resides in the said house. It is alleged that the subsequent allotments were made to the third respondent on account of the suppression of the earlier allotment. The petitioner further states that a representation was sent in this regard to the Tamil Nadu Housing Board on 27.12.2019, but the same did not evoke any response.

3. Learned counsel for the third respondent strongly refutes the allegations of the petitioner and also relies upon counteraffidavit in response to the writ petition. Learned Standing Counsel for the Tamil Nadu Housing Board submits that an inquiry would be conducted by the second respondent and the matter would be disposed of within a reasonable time frame.

4. In the light of the rival contentions by the petitioner and the private respondent and without going into the merits of the dispute, the second respondent herein is directed to consider the representation dated 27.12.2019 of the petitioner and dispose of the same by a reasoned order, after conducting an inquiry and providing a reasonable opportunity both to the petitioner and the third respondent herein. Such reasoned order shall be passed within a period of two months from the date of receipt of a copy of this order.

5. W.P.No.12811 of 2021 is disposed of in these terms, without any order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kpl To:

1. The Chairman cum Managing Director TNHB, Nandanam Chennai-35

2. The Executive Engineer Tamil Nadu Housing Board Bagalur Salai Hosur-635 109 W.P.No.12811 of 2020 GSM(CO) PM(29/07/2021) https://hcservices.ecourts.gov.in/hcservices/