Tnhb Pattinapakkam Mig Residential Welfare Association v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.07.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.17097 & 17101 of 2022 TNHB Pattinapakkam MIG Residential Welfare Association, Rep. by its President, Kavingar K.Anudhon No.J-5, MIG Block, Foreshore Estate, Chennai - 600028.
.. Petitioner Vs.
1.The Secretary to Government of Tamil Nadu, Department of Housing, Fort St.George, Chennai - 600 009.
2.The Chairman cum Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.
3.The Chief Revenue Officer, Tamil Nadu Housing Board, CMDA Commercial Complex, E&C Market Road, Koyembedu, Chennai - 600 107.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the third respondent in his proceedings Letter No.VaVaa.P1/4
2/13312/2015 dated 01.06.2022 and quash the same and thereby consequently direct the second respondent to dispose of the representations of the petitioner dated 30.05.2022 and 08.06.2022. For Petitioner : Mr.S.Senthilnathan For Respondents : Mr.D.Veerasekaran [TNHB]
ORDER
The present Writ Petition has been filed by an Association representing 75 members. The Association claims that its members are attempted to be evicted from their respective premises without following the due procedure contemplated under the Tamil Nadu Housing Board Act, 1961. According to them, without issuing any show cause notice which is mandatory, the respondents attempted to evict their members.
2. Mr.D.Veerasekaran, learned standing counsel for TNHB, accepts notice on behalf of the respondents. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
3. Since the Association cannot espouse the cause of its members insofar as the occupation of the premises are concerned, this Court is of the 2/4
considered view that individual members who are in occupation of the respective premises, will have to file separate Writ Petitions.
4. The learned standing counsel appearing for the respondents, on instructions, would submit that till Tuesday i.e. on 19.07.2022, no coercive action will be taken against the members of the petitioner/Association. The said statement is recorded.
5. In view of the above observations, this Writ Petition is disposed of, after recording the undertaking given by the respondents that they will not take any coercive steps against the members of the petitioner/Association till Tuesday i.e. on 19.07.2022 and liberty is granted to individual residents, who are the members of the petitioner/Association to file separate Writ Petitions and seek proper reliefs and once it is filed, it will be decided on merits and in accordance with law. No costs. Connected miscellaneous petitions are closed.
14.07.2022 Index: Yes/No Internet: Yes/No Sni 3/4
ABDUL QUDDHOSE,J.
Sni To 1.The Secretary to Government of Tamil Nadu, Department of Housing, Fort St.George, Chennai - 600 009.
2.The Chairman cum Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.
3.The Chief Revenue Officer, Tamil Nadu Housing Board, CMDA Commercial Complex, E&C Market Road, Koyembedu, Chennai - 600 107.
14.07.2022 4/4