R.Raman v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.15890 of 2025 R.Raman ... Petitioner Vs.
1.The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St.George Chennai.
2.The Director Directorate of Seed Certification and Organic Certification Guindy, Chennai 600032.
3.The Superintendent Engineer Coimbatore Housing Unit Coimbatore - 12.
4.The Executive Engineer cum Administrative Officer Coimbatore Housing Unit Tamil Nadu Housing Board HUDCO Colony Pellamedu, Coimbatore 641 004.
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the fourth respondent in his proceedings letter No.A3/4261/25 dated 05.03.2025 and quash the same and consequently direct the second respondent not to deduct the amount from the petitioner's salary or any arrear amounts. For Petitioner : Mr.N.Srinivasan For Respondents : Mr.S.Senthil Murugan for R1 & R2 Special Government Pleader Mr.A.M.Ravindranath Jeyapal Standing Counsel (TNHB) for R3
ORDER
This Writ Petition is filed challenging the impugned order dated 05.03.2025. By the said order, the petitioner is directed to pay the arrears amount of Rs.5,93,444/- being the rental arrears and a sum of Rs.13,480/- being the water charges.
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2. The learned counsel for the petitioner would submit that the petitioner has been paying the originally fixed rental value of Rs.6982/- per month and suddenly the penal rent has been charged from the year 2013-2014 and the above arrears have been short from the petitioner. The petitioner has also filed an appeal to the Government under Section 84 of the Tamil Nadu Housing Board Act 1971 and also prayed for an interim stay. Without passing any orders on the interim stay petition now the respondents are proceeding to deduct the amount from the salary and therefore, he is before this Court.
3. Mr.A.M.Ravindranath Jeyapal, learned Standing Counsel (TNHB) taking notice on behalf of the Housing Board would seek time to get instructions and file counter in the matter.
4. Mr.S.Senthil Murugan, learned Special Government Pleader appearing on behalf of the respondents 1 and 2 would submit that if ample time is given the appeal itself would be disposed of by the first respondent. 3/6
5. In view of the submissions that are made by the learned Special Government Pleader, the appeal can be directed to be disposed within short time, in the meanwhile, for this month and the next month alone the deduction from the salary need not take place and the same can be undertaken based on the out come of the order in the appeal. This Writ Petition is disposed of on the following terms ;
(i) The appeal dated 11.04.2025 filed by the petitioner filed by the petitioner against the order dated 05.03.2025 shall be taken up for enquiry by the first respondent and shall be disposed of in the manner known to law, in any event, not later than a period of four weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order; (ii) Until the disposal of the appeal and communication of the order to the petitioner, the recovery from the salary in respect of the arrears that are paid by the said order and appeal shall not be undertaken;
(iii) No costs. Consequently, connected Miscellaneous Petition is closed.
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dna To 1.The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St.George Chennai.
2.The Director Directorate of Seed Certification and Organic Certification Guindy, Chennai 600032.
3.The Superintendent Engineer Coimbatore Housing Unit Coimbatore - 12.
4.The Executive Engineer cum Administrative Officer Coimbatore Housing Unit Tamil Nadu Housing Board HUDCO Colony Pellamedu Coimbatore 641 004.
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D.BHARATHA CHAKRAVARTHY , J.
dna and WMP.No.15890 of 2025 22.04.2025 6/6