P.Kailasam v. The Commissioner Of Labour

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR Writ Appeal No.2663 of 2023 and C.M.P.Nos.22392 & 22393 of 2023 P.Kailasam ... Appellant Vs.

1.The Commissioner of Labour, DMS Complex, Teynampet, Chennai - 600 006.

2.The Managing Director, Tamilnadu Housing Board, Nandanam, Chennai - 600 005.

3.Rajagopal 4.Sukumar 5.Santhi 6.Karthikeyan 7.Kavitha ... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 31.07.2023 made in W.P.No.29836 of 2005. Page No.1 of 5

For Appellant : Mr.K.Raja For R1 : Mrs.M.Jayanthy Additional Government Pleader For R2 : Mr.D.Veerasekaran Standing Counsel for TNHB For R3 & R4 : Mr.T.Dharani For R5 to R7 : Mr.V.Nicholas

J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The subject house under the Industrial Housing Scheme, EWS - Labour Quota was initially allotted to the father of Thiru.S.Palani. 2.

The original allottee Thiru.S.Palani died on 11.04.1992 and his wife died on 17.03.2003. Deceased Thiru.P.Selvaraj and deceased Thiru.P.Kumar are the legal heirs of the original allottee Thiru.S.Palani. 3.

It is not in dispute that the allotment was transferred in the name of deceased Mr.P.Selvaraj, the eldest son of Mr.S.Palani by an order No.C/892/77 dated 16.12.1977. Deceased Mr.P.Selvaraj was the eldest son of the family. There was no objection from the family members during the Page No.2 of 5

relevant point of time.

4.

Mr.K.Raja, learned Counsel for the appellant would submit that there was an objection only after the knowledge about the allotment. 5.

The fact remains that the writ petition has been filed in the year 2005, after a lapse of 28 years from the date of allotment of the house in favour of deceased Thiru.P.Selvaraj. During the relevant point of time, there was no prohibition for such allotment in favour of the eldest son of the original allottee.

6.

At the time of allotment of the house in favour of deceased Thiru.P.Selvaraj in the year 1997, the appellant has not initiated any action. After 28 years, the writ petition was filed and learned Single Judge dismissed the writ petition.

7.

Such belated claim as rightly rejected by the writ Court need not Page No.3 of 5

be entertained after a lapse of many years. Thus, we are in agreement with the findings in the impugned order.

8.

Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S.J.] [K.R.S.J.] 27.03.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To 1.The Commissioner of Labour, DMS Complex, Teynampet, Chennai - 600 006.

2.The Managing Director, Tamilnadu Housing Board, Nandanam, Chennai - 600 005.

S.M.SUBRAMANIAM,J.

AND Page No.4 of 5

K.RAJASEKAR,J.

veda Judgment in 27.03.2024 Page No.5 of 5