M.Nagammal v. The District Collector
2024:MHC:2315
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.06.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.15457 of 2024 M.Nagammal ... Petitioner Vs
1. The District Collector, Singaravelar Maligai, No.62, 4th Floor, Beach Road, Rajaji Salai, Chennai - 600 001.
2. Chennai Metropolitan Development Authority, Thalamuthu - Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3. The Executive Engineer, Town Planning Department, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
4. The Managing Director, Tamil Nadu Housing Board CMDA Complex, E & C Market Road, Koyambedu, Chennai - 600 107.
.... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent Tamil Nadu Housing Board to consider the representation of the petitioner dated 16.03.2024 and issue a No Objection Certificate to the petitioner pertaining to the property 1 / 4
being plot No.58 and 59 at Door Nos.5A, 5B, 5C, Lakshmi Street, N.S.C.Bose Nagar, Porur, Chennai - 600 116, comprised in Old Survey Nos.36/2B and as per patta no.6729, Survey No.36/23, Porur Village Division 151, Zone 11, situate within the jurisdictional limits of the 3rd respondent. For Petitioner : Mr.K.S.Vamsidhar For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader - R1 Mr.A.C.Manibharathi - R3 Mr.T.Pradeep Raja for Mr.D.Veerasekaran - R4
O R D E R
Mr.M.R.Gokul Krishnan, learned Additional Government Pleader accepts notice for R1, Mr.A.C.Manibharathi, learned counsel accepts notice for R3 and Mr.T.Pradeep Raja, learned counsel on behalf of Mr.D.Veerasekaran, learned counsel accepts notice for R4. They are armed with instructions to enable a final disposal of this matter, even at the stage of admission. No notice is issued to R2 and neither is the panel counsel available in Court to take notice.
2. The prayer is for a mandamus simplicitor directing the 4th respondent the Managing Director of the Tamil Nadu Housing Board to dispose the petitioner's representation dated 16.03.2024 and issue a No Objection Certificate in relation to the property at Plot Nos.58 and 59 at Door Nos.5A, 5B, 5C, Lakshmi Street, N.S.C.Bose Nagar, Porur, Chennai - 600 116 (Old Survey Nos.36/2B and as per patta no.6729, Survey No.36/23, Porur Village Division 151, Zone 11) ('Property'/'Property in question').
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3. There are various factual averments that are set out in the writ affidavit which are best left to R4 to apply his mind for adjudication. It is the say of Mr.Pradeep learned counsel for R4, who is the authority to dispose the representation, that in response to earlier representations of the petitioner along the same lines as in representation dated 16.03.2024, communications including letter dated 07.08.2023 has been sent to the petitioner calling for certain documents. The petitioner has also responded to the same vide communication dated 16.08.2023 enclosing some of the particulars called for. He would thus assure the Court that the representation will be looked into and the grievances therein addressed expeditiously.
4. Hence, mandamus is issued to R4 to hear the petitioner and any others who may be deemed necessary including the statutory authorities, arrayed as respondents for proper adjudication of representation dated 16.03.2024 and pass orders in accordance with law and all applicable Rules and Regulations, within a period of six (6) weeks from date of receipt of a copy of this order.
5. This Writ Petition is disposed as above. No costs. 18.06.2024 sl Index : Yes / No Speaking Order:Yes 3 / 4
Dr.ANITA SUMANTH,J.
sl To
1. The District Collector, Singaravelar Maligai, No.62, 4th Floor, Beach Road, Rajaji Salai, Chennai - 600 001.
2. Chennai Metropolitan Development Authority, Thalamuthu - Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3. The Executive Engineer, Town Planning Department, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
4. The Managing Director, Tamil Nadu Housing Board CMDA Complex, E & C Market Road, Koyambedu, Chennai - 600 107.
W.P.No.15457 of 2024 18.06.2024 4 / 4