Madras High CourtWP/24543/2016dismissed

Colonel K Malaiappan (Retd) v. The Government Of Tamilnadu

2016-07-15Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.7.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.24543 of 2016 and W.M.P.No.20946 of 2016 Colonel K Malaiappan (Retd) ... Petitioner

Versus

1. The Government of Tamilnadu rep. by its Secretary Housing and Urban Development Department Secretariat Chennai-600 009

2. The Tamil Nadu Housing Board rep. by its Managing Director Anna Salai Nandhanam Chennai-600 035

3. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003

4. The Executive Engineer & Administrative Officer Tamilnadu Housing Board Anna Nagar Division TNHB Shopping Complex Chennai 600 101

5. The Chennai Metropolitan Development Authority (CMDA) rep. by its Member Secretary No.1 Gandhi Irwin Salai Egmore Chennai-600 008

6. Chennai Metro Water Supply & Sewerage Board rep. by its Managing Director Chintadripet Chennai-600 002

7. The President The Green Garden Association 384/6 L Block Green Garden Anna Nagar Chennai - 600 102

8. Mr.P.Krishnan (Coordinator for Block Nos.382 & 383) Old No.M-660 New M 26 M-Block 6th Avenue Anna Nagar East Chennai 600 102

9. M/s.KGEYES Residency Private Limited rep. by its Managing Director Mr.P.V.Shanmugam 'SRUSHTISSHAL' New No.10 2nd Cross Street Raja Annamalaipuram Chennai-600 028 ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 3rd & 5th respondent authorities to decide and dispose of the petitioner's representation dated 28.4.2016 in accordance with law within the reasonable period that may be fixed by this Honourable court.

For petitioner : Mr.R.Arumugam For R1 : Mrs.A.Srijayanthi, Special Government Pleader For R2 & R4 : Mr.V.Anandhamurthy For R3 : Mr.V.C.Selvasekaran For R5 : Mr.K.Raja Shrinivas For R7 to R9 : Mr.N.Anand Venkatesh

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties for some time.

2. The writ petition has been filed seeking issuance of a writ of mandamus directing the 3rd & 5th respondent authorities to decide and dispose of the petitioner's representation dated 28.4.2016 in accordance with law within the reasonable period that may be fixed by this Honourable court.

3. The writ petitioner, being one of the allottees of the 108 dwelling units developed by the Tamil Nadu Housing Board meant for Central Government Senior Employees. Alleging that

some common area of the scheme is being encroached by some of the allottees, the petitioner had moved a representation to the authorities viz., respondents 1 to 5 and in furtherance thereof, he has filed the present writ petition.

4. It appears that already, some of the private respondents herein have moved the Tamil Nadu Housing Board, the Government of Tamil Nadu and also this court and obtained some orders and based on the same, a decision has been taken by the Town Planning Authority as well as the Tamil Nadu Housing Board. Therefore, this writ petition is redundant. Further it is also seen that the writ petitioner appears to be a court bird approaching one authority or the other to harass the others. Therefore, the writ petition is dismissed. No costs. The connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ssk.

1. The Secretary Government of Tamilnadu Housing and Urban Development Department Secretariat Chennai-600 009

2. The Managing Director Tamil Nadu Housing Board Anna Salai Nandhanam Chennai-600 035

3. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003

4. The Executive Engineer & Administrative Officer Tamilnadu Housing Board Anna Nagar Division TNHB Shopping Complex Chennai 600 101

5. The Member Secretary Chennai Metropolitan Development Authority (CMDA) No.1 Gandhi Irwin Salai Egmore Chennai-600 008

6. The Managing Director Chennai Metro Water Supply & Sewerage Board Chintadripet Chennai-600 002.

+1cc to Mr.R.Arumugam, Advocate, S.R.No.

+1cc to Mr.V.Anandhamurthy, Advocate, S.R.Nos.39915 +1cc to Mr.K.Raja Shrinivas, Advocate, S.R.No.39655 +1cc to Mr.V.Anandh Venkatesh, Advocate, S.R.Nos.39802 W.P.No.24543 of 2016 SCD(CO) CA(24/08/2016)