S.Elango, v. State Of Tamil Nadu,
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.14686 of 2018 and W.M.P.Nos.17341 to 17343 of 2018 S.Elango
...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 of fresh notification issued by the third respondent in Daily Thanthi dated 27.05.2018 and quash the same with respect to the flat allotted to the petitioner i.e., HIG (I) Flat No.57, Ground Floor, renumbered as 1/360C at A.Jettihalli Housing Unit, Dharmapuri which was allotted to the petitioner vide allotment order number HR3/13139/13 dated 22.05.2013 and directing the respondents herein to handover the flat HIG (I) Flat No.57, Ground Floor, renumbered as 1/360C at A.Jettihalli Housing Unit, Dharmapuri which was allotted to the petitioner vide allotment order HR3/13139/13 dated 22.05.2013.
For Petitioner :
Mr.J.Selvarajan for Mr.K.Munuswamy 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 of fresh notification issued by the third respondent in Daily Thanthi dated 27.05.2018 and quash the same with respect to the flat allotted to the petitioner i.e., HIG (I) Flat No.57, Ground Floor, renumbered as 1/360C at A.Jettihalli Housing Unit, Dharmapuri which was allotted to the petitioner vide allotment order number HR3/13139/13 dated 22.05.2013 and directing the respondents herein to handover the flat HIG (I) Flat No.57, Ground Floor, renumbered as 1/360C at A.Jettihalli Housing Unit, Dharmapuri which was allotted to the petitioner vide allotment order HR3/13139/13 dated 22.05.2013.
2.The learned Standing Counsel appearing for the respondents 2 and 3 would submit that the petitioner has paid some amount to the third respondent for the allotment of the flat, therefore, the third respondent is willing to re-allot individual house to the petitioner for the current market value. 3.The learned counsel for the petitioner has not raised any objection for the submission made by the learned Standing Counsel for the respondents 2 and 3.
4.Taking into consideration of the submission made by the learned Standing Counsel appearing for the respondents 2 and 3, and in view of the no objection raised on the part of the petitioner, there shall be a direction to the third respondent to reallot the house to the petitioner at the earliest, for the current market value, in the event, the petitioner is willing for the same and approached the third respondent within a period of three months from the date of receipt of this order. 5.With the above direction, the present Writ Petition is disposed of No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-VIII) //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 Mr.R.Bharath Kumar, Advocate SR.No.61244 +1cc to the Government Pleader SR.No.61483 W.P.No.14686 of 2018 and W.M.P.Nos.17341 to 17343 of 2018 RLD(CO) GN(20/12/2021)