Madras High CourtWP/28948/2016disposed of

M/S V.J.P.S. Trust v. Executive Engineer

2016-08-19Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No. 28948 of 2016 M/s. V.J.P.S. Trust Rep by its President T.R. Sahadevan No.5 and 6, Baby Nagar First Main Road Extension Velacherry, Chennai - 600 042 .. Petitioner

Versus

1 Executive Engineer Besant Nagar Division Tamil Nadu Housing Board, Adyar, Chennai-600 020.

2 Director Tamil Nadu Housing Board, Nandanam, Chennai-600 035.

.. Respondents Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 01.08.2016 within a time frame and allot the Shop No. 8 situated in the Tamil Nadu Housing Board Complex, Sasthri Nagar, Adyar, Chennai-600 020 in favour of the petitioner.

For Petitioner : Mr.K.Dilli Babu For Respondents : Mr.V.Anandhamoorthy

O R D E R

By consent of counsel for both sides, this Writ Petition itself is taken up and disposed of at the stage of admission itself.

2. The case of the petitioner is that he is the President of V.J.P.S. Trust and having the office of the Trust at No.9, TNHB Complex, First Avenue, Shastri Nagar, Adyar, Chennai - 600

020. Adjacent to the office of the petitioner, the shop belonged to the respondents bearing Shop No.8 was kept vacant for more than 5 years. Therefore, the petitioner submitted a representation to the respondents on 01.08.2016 requesting them to allot the said shop No.8 in favour of the petitioner's Trust. In the said representation, the petitioner has undertaken to pay the rental deposit that may be fixed by the Tamil Nadu Housing Board on par with other shops together with other charges that may be fixed as a condition precedent for letting the shop No.8 on rental basis in favour of the petitioner Trust. According to the petitioner, his request for allotting shop No.8 has not been considered by the respondents, hence, he has come forward with this Writ Petition seeking the aforesaid relief.

3. Mr. V. Anandhamoorthy, learned standing counsel for the respondents has submitted that the appropriate authority to consider the request of the petitioner is the Secretary to Government, Housing and Development and if a representation is made by the petitioner to the said authority, the same will be considered on merits and in accordance with law..

4. In view of the said submission made by the learned standing counsel for the respondents, the petitioner is permitted to make a representation to the Secretary to Government, Housing and Development, within a period of ten days from the date of receipt of a copy of this order and on such representation being made, the said authority shall consider such representation and to pass orders thereon on merits and in accordance with law, as expeditiously as possible. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the claim made by the petitioner. This Writ Petition is disposed of accordingly. No costs. Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

To 1 Executive Engineer Besant Nagar Division, Tamil Nadu Housing Board, Adyar, Chennai-600 020.

2 Director Tamil Nadu Housing Board, Nandanam, Chennai-600 035.

+1 CC to M/s. M. Gnanasekar, Advocate Sr.No.47490 +1 CC to M/s. V. Anandha Moorthy, Advocate Sr.No.47496 W.P.No. 28948 of 2016 PSK (CO) MD : 17/10/2016