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Madras High CourtWP/13964/2020disposed of

G.Ravichandran v. State Of Tamilnadu

2020-10-01Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.13964 of 2020 and W.M.P.Nos.17350 & 17352 of 2020 G.Ravichandran S/o.G.Gopalakrishnan No.8/6, Peters Colony Peters Road, Royapettah Chennai-600 014.

...Petitioner

Vs.

1.State of Tamil Nadu, Rep. by the Secretary to Government, Housing and Urban Development, (HB5-2) Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Tamil Nadu Housing Board, Rep. by its Executive Engineer, Pattinampakkam Division, Anna Salai, Nandanam, Chennai-600 035.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the Letter No.P.P.Div/Scheme/033/2009 dated 15.09.2020 issued by the second respondent herein and quash the same.

For Petitioner :

Mr.AR.L.Sundaresan Senior Counsel for Mr.R.Ganesh Kumar For Respondents :

Mr.P.H.Aravind Pandian Additional Advocate General assisted by

1) Mr.M.D.Ilayaraja Government Advocate for R1

2) Mr.R.Bharath Kumar, Standing Counsel for R2

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. This writ petition is filed challenging the proceedings of the second respondent dated 15.09.2020, wherein and whereby, the petitioner was called upon to vacate and hand over vacant possession of the subject matter property within 15 days i.e. on or before 30.09.2020.

3. Heard Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the petitioner and Mr.P.H.Aravind Pandian, learned Additional Advocate General appearing for the respondents.

4. The grievance of the petitioner is that the impugned order was passed without giving him sufficient time to vacate and seek alternative accommodation.

5. However, it is stated by the learned Senior Counsel for the petitioner as well as the learned Additional Advocate General for the respondents that yesterday (30.09.2020), the Government has passed G.O.Ms.No.201 dated 30.09.2020, providing alternative accommodation to the petitioner as well as other persons at M.K.B. Nagar, Chennai and therefore, the petitioner cannot have any grievance.

6. Since the petitioner is provided with alternative accommodation as per the above G.O., I do not find any reason to interfere with the impugned order. However, considering the fact that the last date provided to the petitioner to vacate was already over, i.e., yesterday (30.09.2020), the petitioner is directed to vacate and hand over vacant possession of the subject matter property on or before 30.10.2020 and go to the alternative accommodation provided by the Government as per the above said G.O.

7. With the above directions and observations, this Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Secretary to Government of Tamilnadu, Housing and Urban Development, (HB5-2) Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Executive Engineer, Tamil Nadu Housing Board, Pattinampakkam Division,Anna Salai, Nandanam,Chennai-600 035.

+1cc to Mr.R.Bharathkumar, Advocate in SR.NO..32677 W.P.No.13964 of 2020 GJ(CO) RV(05/11/2020)