J.Jayaselvan 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.14688 of 2018 and W.M.P.Nos.17347 to 17349 of 2018 J.Jayaselvan

...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 (II) Flat No.118, renumbered as 1/375B at A.Jettihalli Housing Unit, Dharmapuri which was allotted to the petitioner vide allotment order number HR3/2785/13 dated 22.05.2013 and directing the respondents herein to handover the flat HIG (II) Flat No.118, renumbered as 1/375B at A.Jettihalli Housing Unit, Dharmapuri which was allotted to the petitioner vide allotment order number HR3/2785/13 dated 22.05.2013. 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 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 (II) Flat No.118, renumbered as 1/375B at A.Jettihalli Housing Unit, Dharmapuri which was allotted to the petitioner vide allotment order number HR3/2785/13 dated 22.05.2013 and directing the respondents herein to handover the flat HIG (II) Flat No.118, renumbered as 1/375B at A.Jettihalli Housing Unit, Dharmapuri which was allotted to the petitioner vide allotment order number HR3/2785/13 dated 22.05.2013.

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.The learned 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, none represented the petitioner. 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-VIII) //True Copy// Sub Assistant Registrar rst

To:

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.

+1cc to Mr.R.Bharath Kumar, Advocate SR.No.61246 +1cc to the Government Pleader SR.No.61483 W.P.No.14688 of 2018 and W.M.P.Nos.17347 to 17349 of 2018 RLD(CO) GN(20/12/2021)