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Madras High CourtWP/20272/2024disposed of

Sakthi Saravanan v. The Tamil Nadu Housing Board

2024-07-22Honourable Dr Justice Anita Sumanth6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and WMP Nos.22188, 22190, 22191, 22192 and 22193 of 2024 Sakthi Saravanan ... Petitioner in W.P.No.20272 of 2024 T.Arumugasundaram ... Petitioner in W.P.No.20273 of 2024 V.Santhosh ... Petitioner in W.P.No.20274 of 2024 Vaidehi Nelson ... Petitioner in W.P.No.20275 of 2024 Prameela ... Petitioner in W.P.No.20276 of 2024 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, Secretariat, Chennai - 9 4 The Chairman and Special Committee - Commissioner of Land Administration, Tamilnadu Housing Board, Secretariat, Chennai - 9 1/6

5 The Convenor Of Special Committee - Joint Commissioner, Commissionerate Of Land Administration, Housing And Urban Development Department, Secretariat, Chennai - 9 6 Housing And Urban Development Department, Fort St.George, Secretariat, Chennai-600 009 Rep.by its Secretary to Government .... Respondents Common 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 petitioners dated 24.01.2024 (W.P.No.20272 of 2024), 27.01.2024 (W.P.No.20273 of 2024), 27.01.2024 (W.P.No.20274 of 2024), 22.01.2024 (W.P.No.20275 of 2024) and 27.01.2024 (W.P.No.20276 of 2024) respectively, as expeditiously as possible. In all W.P.'s For Petitioner : Ms.Francy Victor For Respondents : Mr.P.

Harish Government Advocate - R1, R2, R4, R5 and R6 Mr.A.M.Ravindranath Jeyapal - R3 C O M M O N O R D E R Mr.P.Harish, learned Government Advocate accepts notice for R1, R2, R4, R5 and R6 and Mr.A.M.Ravindranath Jeyapal, learned counsel accepts notice for R3 in all writ petitions. They are armed with instructions to enable a final disposal of these matters, even at the stage of admission.

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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 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 matters as well and hence the directions under the aforesaid order may be issued in the present matters as well.

4. Hence, mandamus is issued to R4 - the Chairman and Special 3/6

Committee, Commissioner of Land Administration, Tamil Nadu Housing Board, Chennai to hear the petitioners on the prayers in their representations dated 24.01.2024 (W.P.No.20272 of 2024), 27.01.2024 (W.P.No.20273 of 2024), 27.01.2024 (W.P.No.20274 of 2024), 22.01.2024 (W.P.No.20275 of 2024) and 27.01.2024 (W.P.No.20276 of 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 twelve (12) weeks from date of receipt of a copy of this order, in accordance with law and all prevailing Government Orders.

5. These writ petitions stand disposed in terms of this order. No costs. Connected miscellaneous petitions are closed. sl 22.07.2024 Index:Yes/No Speaking order:Yes/No To 4/6

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, Secretariat, Chennai - 9 4 The Chairman and Special Committee - Commissioner of Land Administration, Tamilnadu Housing Board, Secretariat, Chennai - 9 5 The Convenor Of Special Committee - Joint Commissioner, Commissionerate Of Land Administration, Housing And Urban Development Department, Secretariat, Chennai - 9 6 Housing And Urban Development Department, Fort St.George, Secretariat, Chennai-600 009 Rep.by its Secretary to Government 5/6

Dr.ANITA SUMANTH,J.

sl and WMP Nos.22188, 22190, 22191, 22192 and 22193 of 2024 22.07.2024 6/6