X.Sathyaraj v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2025 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.21235 of 2025 X. Sathyaraj .... Petitioner .Vs.
1.The Managing Director Tamil Nadu Urban Habitat Development Board Kamarajar Salai, Chennai 600 005.
2.The Executive Engineer Division-V Tamil Nadu Urban Habitat Development Board Kamarajar Salai Chennai 600 005.
3.D.Praveen Rosario 4.D.Alwin Arokiyaraj 5.Edwin .. Respondents (R3 to R5 impleaded vide order dt.30.06.2025 made in WMP.26603/2025 in WP.21235/2025 by NAVJ) Prayer : Writ Petition under Article 226 of the Constitution of India praying for the 1 / 6
issuance of a Writ of Mandamus to cancel the allotment order issued in the name of Late D.Selvi and issue allotment to the legal heirs of t he petitioner mother late Mrs.Anthoniammal by consider and dispose the petitioner applications dated 03.02.2025 and 17.2.2025.
For Petitioner :
Mr. R.Soniaglory For Respondents :
Mr.G.Venkatesan Standing Counsel for R1 & R2 Mr.T.S.Lavanesh and Mr.Suvakin Chakaravarthi for R3 to R5
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the 1st and 2nd respondents to deal with the representation made by the petitioner wherein the petitioner is seeking for cancellation of the allotment issued in the name of respondents 3 to 5 who are the legal heirs of the deceased Selvi. 2.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.
3.The grievance expressed by the petitioner is that the original allotment was 2 / 6
made in the name of Anthonyammal, who is the mother of the petitioner. The said Anthonyammal died on 16.9.1995, leaving behind the petitioner and four other legal heirs. The petitioner is aggrieved by the fact that instead of making the allotment in favour of the legal heirs of Anthonyammal, the same has been made in favour of R3 to R5 who are the legal heirs of deceased Selvi, who is one of the legal heir of Anthonyammal.
4.This Court has carefully considered the submissions made on either side and the materials available on record including the counter affidavit filed by respondents 3 to 5.
5.It is quite apparent that the original allotment was made in favour of Anthonyammal at Selvarajapuram project at Mylapore. This property was in possession of one Selvi, who is the daughter of Anthonyammal. Since the property at Selvarajapuram was in a dilapidated condition, temporary accommodation was given to the occupants at Pattinapakkam. Accordingly, respondents 3 to 5 who were living with the deceased Selvi, were accommodated at Pattinapakkam. The final allotment has not been made since the Selvarajapuram project is yet to be 3 / 6
completed.
6.The learned counsel for the petitioner is relying upon the regulations dealing with allotment and the learned counsel specifically placed reliance upon Clause 6 which provides that where the original allottee dies, the allotment has to be made in the names of all the legal heirs or if such allotment is sought for in the name of any particular legal heir, he/she must get no objection from the other legal heirs. Therefore, according to the petitioner, the allotment ought not to have been made in the names of respondents 3 to 5.
7.The allotment of the property at Sellvarajapuram will arise only after the completion of the project. Presently, only a temporary accommodation has been given to respondents 3 to 5. Hence, as and when the Sellvarajapuram project is completed and the allotment is made, the official respondents shall proceed further strictly in accordance with the regulations governing them and also consider the objection given by the petitioner. This direction will sufficiently take care of the grievance expressed by the petitioner.
This writ petition is disposed of in the above terms. No costs. 4 / 6
18.8.2025 Index : Yes/No NCS : Yes/No KP To 1.The Managing Director Tamil Nadu Urban Habitat Development Board Kamarajar Salai Chennai 600 005.
2.The Executive Engineer Division-V Tamil Nadu Urban Habitat Development Board Kamarajar Salai Chennai 600 005.
N.ANAND VENKATESH, J.
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KP Writ Petition No.21235 of 2025 18.8.2025 6 / 6