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Madras High CourtWP/19838/2024disposed of

J.Shyamraj v. The Tamil Nadu Housing Board

2024-07-16Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2701

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and WMP No.21732 of 2024 J.Shyamraj ... Petitioner Vs 1 The Tamilnadu Housing Board Rep By its Secretary To Government (Legal Affairs) Secretariat, Fort St.George, Chennai- 600 009.

2 The Deputy Secretary/Joint Secretary/ Additional Secretary to the Government (Financial Advisory Role) Tamilnadu Housing Board, Chennai-600 009 3 The Tamilnadu Housing Board Rep By its Managing Director Chennai 4 The Chairman and Special Committee Commissioner Of Land Administration Tamilnadu Housing Board Chennai 5 The Convenor Of Special Committee Joint Commissioner Commissionerate Of Land Administration Housing And Urban Development Department Chennai 6 Housing And Urban Development Department Fort St.George Secretariat Chennai-600 009 rep By its Secretary to Government .... Respondents 1/4

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider and pass orders based on the representation made by the petitioner dated 30.01.2024, as expeditiously as possible. For Petitioner : Ms.R.Hemalatha For Respondents : Mr.Vadivelu Deenadayalan Additional Government Pleader - R1, R2, R5 and R6 Mr.AM.Ravindranath Jeyapal - R3 and R4

O R D E R

Mr.Vadivelu Deenadayalan, learned Additional Government Pleader accepts notice for R1, R2, R5 and R6 and Mr.AM.Ravindranath Jeyapal, learned counsel accepts notice for R3 and R4. They are armed with instructions to enable a final disposal of this matter, even at the stage of admission.

2. I have had an occasion to consider identical prayers in W.P.Nos.18748 and 18754 of 2024 and have passed an order along the following lines:

2. Petitioners have sought a mandamus directing the respondents to consider representations dated 29.03.2024 and 21.01.2024. Both learned counsel for petitioners as well as learned counsel for R3 and R4 would seek to advance submissions on the merits or otherwise of the petitioners eligibility for the relief sought for in the representations.

3. However, bearing in mind that the adjudication of the prayer of the petitioners would involve assimilation and 2/4

marshalling of several facts, this Court is disinclined to look into the merits of the matter in the fond hope that the respondents will devote sufficient time and attention to the same.

4. Hence, mandamus is issued to R4 - the Chairman and Special Committee, Commissioner of Land Administration, Tamil Nadu Housing Board, Chennai to hear the petitioners on the prayer in their representations dated 29.03.2024 and 21.01.2024 respectively, as well as any others, who may be necessary in the matter, consider documents, if any, filed by them, take into account all necessary facts and circumstances and pass speaking orders on the same, expeditiously and not later than four (4) weeks from date of receipt of a copy of this order, in accordance with law and all prevailing Government Orders.

3. All learned counsel before me would accede to the position that that order is applicable to the present matter as well and hence the directions under the aforesaid order may be issued in the present matter as well.

4. Hence, mandamus is issued to R4 - the Chairman and Special Committee, Commissioner of Land Administration, Tamil Nadu Housing Board, Chennai to hear the petitioner on the prayer in his representation dated 30.01.2024, as well as any others, who may be necessary in the matter, consider documents, if any, filed by them, take into account all necessary facts and circumstances and pass speaking orders on the same, expeditiously and not later than twelve (12) weeks from date of receipt of 3/4

Dr.ANITA SUMANTH,J.

a copy of this order, in accordance with law and all prevailing Government Orders.

5. This writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petitions is closed. sl 16.07.2024 Index:Yes/No Speaking order:Yes (7/8) To 1 The Tamilnadu Housing Board Rep By Its Secretary To Government (legal Affairs)secretariat Fort St.george Chennai- 600 009 2 The Deputy Secretary/Joint Secretary/ Additional Secretary to the Government (financial Advisory Role) Tamilnadu Housing Board Chennai-600 009 3 The Tamilnadu Housing Board Rep By its Managing Director Chennai 4 The Chairman and Special Committee Commissioner Of Land Administration Tamilnadu Housing Board Chennai 5 The Convenor Of Special Committee Joint Commissioner Commissionerate Of Land Administration Housing And Urban Development Department Chennai

6. The Secretary to Government Housing And Urban Development Department Fort St.George Secretariat Chennai-600 009.

and WMP No.21732 of 2024 4/4