Anna Nagar Club v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21/3/2016 C O R A M THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.2472 of 2016 Anna Nagar Club rep. By its Secretary Mr.E.Ravichandran having Office at "FACT Pavilion"

W-97-A Second Avenue Anna Nagar Chennai 600 040.

... Petitioner Vs

1. The Managing Director Tamil Nadu Housing Board No.36 Anna Salai Nandanam Chennai 600 035.

2. The Executive Engineer (Admn) Tamil Nadu Housing Board Anna Nagar Division Thirumangalam Chennai 600 101.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 3/11/2014 within a reasonable time, that may be fixed by this Court.

For Petitioner :

Mr.J.Pothiraj For respondents :

Mr.V.Anandhamurthy

O R D E R

With the consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal.

2. Heard Mr.J.Pothiraj, learned counsel for the petitioner and Mr.V.Anandhamurthy, learned counsel for the respondents.

3. This writ petition has been filed praying to direct the respondents 1 and 2, to consider the petitioner's representation, dated 3/11/2014.

4. The case of the petitioner is that the petitioner Club is a social and cultural association, registered under the Societies Registration Act, 21 of 1860, in Registration No.241/1971, dated 16/12/1971, on the file of the Registrar of Assurances, Madras District. To upgrade the basic facilities in the petitioner Club, on 3/11/2014, the petitioner Club approached the Chairman, Tamil Nadu Housing Board, to issue a No Objection Certificate, to start a permit room, for obtaining necessary licenses, from the respondents herein. Since the same has not been considered so far, the petitioner has come forward with the present writ petition, praying for the relief, as stated therein.

5. Without going into the merits of the claim of the petitioner, the petitioner is hereby directed to give a fresh representation, along with a copy of this order, to the second respondent, within a period of two weeks, from the date of receipt of a copy of this order and on receipt of the same, the second respondent is hereby directed, to consider the representation of the petitioner, and pass an appropriate order, on merits and in accordance with law, within a period of six weeks, thereafter, by affording an opportunity of personal hearing, to the petitioner as well as to the parties concerned. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petition.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar mvs.

To

1. The Managing Director Tamil Nadu Housing Board No.36 Anna Salai Nandanam Chennai 600 035.

2. The Executive Engineer (Admn) Tamil Nadu Housing Board Anna Nagar Division Thirumangalam Chennai 600 101.

+1cc to Mr.N.Elumalai, Advocate, S.R.No.18144 +1cc to Mr.V.Anandhamurthy, Advocate, S.R.No.17948 W.P.No.2472 of 2016 LRS(CO) CA(04/04/2016)