S.Thulasi v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH S.Thulasi ..
Petitioner vs
1. The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamaraj Salai Chennai - 600 005.
2. The Executive Engineer Tamil Nadu Urban Habitat Development Board Division - III, Vyasarpadi Chennai - 600 039.
3. The Estate Officer Tamil Nadu Urban Habitat Development Board Estate Office No.2, Vyasarpadi Chennai - 600 039.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the respondents to allot the tenement to the petitioner situated at Sathyamoorthy Nagar, Vyasarpadi Old Block, Perambur, Chennai, at ground floor instead of second floor, based on the temporary allotment order vide Na.Ka.No.G2/11846/2020 dated 17.11.2020 and by considering the representation given by the petitioner on 05.05.2025. Page No.1 of 6
For Petitioner : Mr.E.Soundar Rajan For Respondents : Mr.G.Sivakumar Standing Counsel
ORDER
This writ petition has been filed for the issuance of a writ of mandamus, directing the respondents to allot a tenement to the petitioner on the ground floor instead of second floor by considering the representation made by the petitioner on 05.05.2025.
2. When the writ petition came up for hearing on 05.06.2025, this Court passed the following orders:- "Mr.G.Sivakumar, learned Standing Counsel takes notice on behalf of respondents 1 to 3.
2.The grievance of the petitioner is that she is aged about 80 years and that the allotment has been made in the second floor and the petitioner will not be in a position to climb up the stairs. Therefore, the petitioner is seeking for alternative allotment in the ground floor.
3.The learned Standing Counsel shall take instructions in this regard.
4.Post this writ petition under the caption 'For Orders' on 12.06.2025."
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3. When the matter was taken up for hearing today, the learned Standing Counsel for the respondents produced the written instructions, received from the Executive Engineer. On going through the same, it is seen that there are totally eighteen tenements in the ground floor and first floor. All the eighteen tenements have already been allotted and it is seen that for those who were allotted in the ground floor and first floor, specific reasons have been mentioned like age, their physical condition, ailments suffered by them, etc. Apart from that, it has now come to light that the petitioner was born on 17.08.1960 and she is aged about 65 years and not 80 years, as was sought to be produced in the writ petition.
4. In light of the above developments, the relief, as sought by the petitioner, cannot be granted by this Court. Accordingly, this writ petition stands dismissed.
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5. It goes without saying that the petitioner has already been allotted a tenement in the second floor and the same shall be allotted to the petitioner. There shall be no order as to costs. 12.06.2025 Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
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To
1. The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamaraj Salai Chennai - 600 005.
2. The Executive Engineer Tamil Nadu Urban Habitat Development Board Division - III, Vyasarpadi Chennai - 600 039.
3. The Estate Officer Tamil Nadu Urban Habitat Development Board Estate Office No.2, Vyasarpadi Chennai - 600 039.
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N.ANAND VENKATESH, J.
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