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Madras High CourtWP/18384/2017disposed of

Mrs.M.Rajeswari, v. The Chairman,

2017-07-19Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.18384 of 2017 & W.M.P.No.19953 of 2017 M.Rajeswari

...Petitioner

v.

1 The Chairman Tamil Nadu Housing Board No.493, Anna Salai Nandanam, Chennai 600 035 2 The District Revenue Officer(Schemes) 493, Anna Salai, Nandanam Chennai 600 035 3 The Executive Engineer and Administrative Officer Tirunelveli Housing Unit Kamaraj Salai Tirunelveli 627 011 4 The Pay and Accounts Officer Pay and Accounts Office Treasury Senkottai, Tirunelveli District

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first respondent to consider and dispose of petitioner's representation dated 29.05.2017. For Petitioner :

Mr.N.Ganesh For Respondents :

Mr.V.Anandhamoorthy Standing Counsel - for R1 to R3 Mr.Era. Premnath Government Advocate - for R4

O R D E R

Mr.V.Anandhamoorthy, learned Standing Counsel, takes notice for the respondents 1 to 3 and Mr.Era. Premnath, learned Government Advocate, takes notice for the 4th respondent. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the first respondent to consider and dispose of her representation dated 29.05.2017

3. By order dated 25.04.2017, the 3rd respondent requested the Head Master of the S.M.S.S. Government Boys Higher Secondary School, Shengottai, Tirunelveli District, to recover the rent from the petitioner's salary and remit the same to the Government Treasury Account.

4. Though the petitioner has not challenged the impugned order passed by the 3rd respondent, Mr.V.Anandhamoorthy, learned Standing Counsel, appearing for the respondents 1 to 3, submitted that the order passed by the 3rd respondent is liable to be set aside in view of the provisions of section 84 of the Tamil Nadu Housing Board Act. The learned counsel further submitted since no notice has been issued to the petitioner prior to the passing of the order dated 25.04.2017, the same may be set aside.

5. In view of the fair submissions made by the learned Standing Counsel, appearing for the respondents 1 to 3, the order dated 25.04.2017 is set aside and the matter is remanded back to the 3rd respondent for fresh consideration. The 3rd respondent is directed to issue notice to the petitioner, under section 84 of the of the Tamil Nadu Housing Board Act and thereafter pass necessary orders, in accordance with law. With these observations, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

Rj To 1 The Chairman Tamil Nadu Housing Board No.493, Anna Salai Nandanam, Chennai 600 035 2 The District Revenue Officer(Schemes) 493, Anna Salai, Nandanam Chennai 600 035 3 The Executive Engineer and Administrative Officer Tirunelveli Housing Unit Kamaraj Salai Tirunelveli 627 011 4 The Pay and Accounts Officer Pay and Accounts Office Treasury Senkottai Tirunelveli District +2ccs to Mr.N.Ganesh, Advocate, S.R.No. 50467 +1cc to Mr.V.Anandhamoorthy, Advocate, S.R.No. 50730 +1cc to the Government Pleader, S.R.No. 50991 W.P.No.18384 of 2017 & W.M.P.No.19953 of 2017 kj(CO) PSI 31.07.2017