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Madras High CourtWP/28444/2014closed

Tmt.S.Sulochana, v. State Of Tamilnadu,

2023-01-03Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.28444 of 2014 and MP.Nos.1 and 2 of 2014 S.Sulochana ... Petitioner Vs 1.State of Tamil Nadu, rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009. 2.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035.

3.The Revenue Officer, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records culminating in Proceedings Order No.AVABi2/6675/14, dated 22.07.2014, of the 3rd Respondent and quash the same and consequently direct the Respondents to allow the Petitioner to continue to occupy the House, No.D-10, Tamil Nadu Housing Board Government Servant Quarters, Pulla Avenue, Shenoy Nagar, Chennai-600 030, with her family.

For Petitioner : Mr.L.S.M.Hasan Fizal For Respondents : Mr.S.Balamurugan (for R1) Government Advocate Mr.D.Veerasekaran (for R2 & R3) Standing Counsel

O R D E R

The petitioner has sought a writ of certiorarified mandamus calling for and quashing order dated 22.07.2014 passed by the Revenue Officer, Tamil Nadu Housing Board and a consequential direction to allow the petitioner to continue in occupation of house bearing No.D-10, Tamil Nadu Housing Board Government Servant Quarters, Pulla Avenue, Shenoy Nagar, Chennai-600 030 with her family.

2.On the last occasion, i.e. 23.12.2022, learned Standing Counsel for the Housing Board was directed to file a status report and has today filed the same. As per the status report, the petitioner has vacated the flat and handed over the key on 13.11.2018 and learned counsel for the petitioner would accede to this position. Thereafter, the Housing Board has commenced construction of 240 MSB flats at Shenoy Nagar and work is stated to be in progress. 3.The status report also reveals that the petitioner is in arrears of rent and contains a quantification of the same. In view of the fact that the petitioner has vacated the premises and has handed over the key, nothing survives in this writ

petition and hence, recording the same, this writ petition is closed. As regards the arrears, the Housing Board is at liberty to proceed as against the petitioner for recovery of the same in accordance with law. No costs. Connected miscellaneous petitions are closed.

03.01.2023 vs Index : Yes / No Speaking Order / Non Speaking Order To 1.State of Tamil Nadu, rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009. 2.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035.

3.The Revenue Officer, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035.

Dr.ANITA SUMANTH,J.

vs W.P.No.28444 of 2014 and MP.Nos.1 and 2 of 2014 03.01.2023