Mrs. D.Padmajothi v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.17901 OF 2021 D.Padmajothi ... Petitioner
Versus
1. The Principal Secretary to Government, Housing and Urban Development, Secretariat, Fort St. George, Chennai - 600 009.
2. The Additional Director of Police, CB-CID, Head Quarters, Pantheon Road, Chennai - 600 008.
3. K.Chelladurai
4. J.Raja Rao
5. Radha Bai
6. Jalander Rao
7. Suguna Bai ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to depute his subordinate to inspect the physical possession and enjoyment in the said premises consequently direct the first respondent to dispose of the 3rd respondent's appeal pending before the first respondent on the basis of the petitioner's representation dated 25.02.2021 given to the first respondent within the stipulated time. For Petitioner : Mr.T.N.Buvaneswaran For Respondents :
Mr.S.Vinothkumar, Government Counsel
O R D E R
According to the petitioner, the third respondent sub lets the premises in N/5, Lloyds Colony, Royapettah, Chennai - 14 to the fourth respondent. On coming to know about the same, the TNHB cancelled the said allotment on 31.10.2016. Challenging the order of eviction passed by the Chief Revenue Officer, TNHB, Chennai, the third respondent preferred an appeal before the first respondent, to which, the petitioner also filed an objection on 25.02.2021 and the said appeal is pending. It is the grievance of the petitioner that the third respondent has been instigating the respondents 4 to 7, to fight with the family members of the petitioner and cause disturbance to their peaceful living, for the reason that she obtained information through RTI Act with regard to the violation of the Tamil Nadu Housing Board Rules by the third respondent.
It is also stated that the respondents 4 to 7, are indulged in causing nuisance and disturbance not only to the petitioner and her family, but also to the tenants of the N Block, Lloyds Colony, Royapettah, Chennai - 14. In this regard, the petitioner made several complaints to the respondent authorities and also obtained orders from this court. However, no fruitful result was forth coming. Therefore, the present writ petition came to be filed, for a mandamus directing the second respondent to depute his subordinate to inspect the physical possession and enjoyment of the premises at No.N/5, Lloyds Colony, Royapettah, Chennai - 600 014 and consequently direct the first respondent to dispose of the 3rd respondent's appeal pending on his file, by considering the petitioner's representation dated 25.02.
2021, within a time frame to be stipulated by this court.
2. The learned counsel for the petitioner, after making some submissions, restricted the relief sought in this writ petition and submitted that it would suffice, if a direction is issued to the first respondent, to consider the petitioner's representation dated 25.02.2021, on merits, within a time frame to be stipulated by this court, for which, there is no serious objection on the side of the respondent authorities.
3. In view of the above, there shall be a direction to the first respondent to consider the petitioner's representation dated 25.02.2021 and pass appropriate orders, on merits and in accordance with law, affording an opportunity of hearing to the petitioner and the respondents 3 to 7, within a period of eight weeks from the date of receipt of a copy of this order.
4. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dhk To 1.
The Principal Secretary to Government, Housing and Urban Development, Secretariat, Fort St. George, Chennai - 600 009.
2. The Additional Director of Police, CB-CID, Head Quarters, Pantheon Road, Chennai - 600 008.
+1cc to Mr.T.N.Buvaneswaran, Advocate, S.R.No.45457 W.P.NO.17901 OF 2021 SJ(CO) PBS/21/10/2021