G.K.Anbu v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25655 of 2021 and W.M.P.No.27087 of 2021 G.K. Anbu
...Petitioner
Vs.
1.
The State of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department Secretariat, Fort St. George, Chennai- 600 009.
2.
The Managing Director, Tamil Nadu Housing Board.
CDMA Complex, E&C Market Road, Koyambedu, Chennai- 600 107.
3.
The Executive Engineer & Administrative Officer., Tamil Nadu Housing Board, No.485, Anna Salai, Nandanam, Chennai- 600 035.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in pursuance of his Letter No.9986/HB2(2)/2021-5 dated 28.09.2021 and quash the same as illegal, arbitrary, against the principles of natural justice, fair play, equity and good conscience and consequently direct the 1st respondent to allot the residential unit at Plot No.10, Cox Square Scheme, Tamil Nadu Housing Board, Coovam River Road, Chennai- 600 002 tome.
For Petitioner : Mr.C.Mohan Raj For Respondents : M/s.C.Sangamithirai Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in pursuance of his Letter No.9986/HB2(2)/ 2021-5 dated 28.09.2021 and quash the same and consequently to direct the 1st respondent to allot the residential unit at Plot No.10, Cox Square Scheme, Tamil Nadu Housing Board, Coovam River Road, Chennai.
2.The case of the petitioner is that he is working as Physiotherapist at Institute of Child Health Hospital for Children, Egmore, Chennai and he has sent a petition to the Hon'ble Chief Minister Cell and the Housing Department through On-line regarding the allotment of the residential unit bearing Plot No.10, Cox Square Scheme, Tamil Nadu Housing Board, Coovam River Road, Chennai- 600 002 which was kept vacant to the petitioner and he has also sent representation to the respondents 1 & 2 on 28.05.2021 requesting them to allot the said residential unit to him on rental basis and that he is ready to pay the rent as fixed by the Tamil Nadu Housing Board, however there was no response from the respondents. Therefore, the petitioner filed W.P.No.13664 of 2021 and this Court by its order dated 05.07.
2021 directed the petitioner to submit all the required documents to the respondents and directed the respondents to consider the petitioner's representation dated 28.05.2021 and to pass appropriate orders. Thereafter, the petitioner made representation dated 15.07.2021 and also submitted the necessary documents to the 1st respondent on 19.08.2021. However, the 1st respondent vide letter dated 28.09.2021 rejected the petitioner's representation. Challenging the same, this writ petition is filed.
3.The learned counsel appearing for the petitioner submits that this Court may close this Writ petition after granting liberty to the petitioner to file a fresh application before the Housing Board.
4. The learned Counsel for the respondents submitted that the petitioner has not produced the required documents in support of his claim.
5. Heard the arguments advanced on either side.
6. In view of the above submissions made by the counsel for the petitioner, this Writ petition stands dismissed. However, liberty is granted to the petitioner to file appropriate application before the Housing Board under Government Quota and if any such application is filed, the same shall be considered, if the petitioner is eligible, appropriate orders shall be
passed as expeditiously as possible.
7. Accordingly, this Writ petition is dismissed. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar skt To 1.
The State of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department Secretariat, Fort St. George, Chennai- 600 009.
2.
The Managing Director, Tamil Nadu Housing Board.
CDMA Complex, E&C Market Road, Koyambedu, Chennai- 600 107.
3.
The Executive Engineer & Administrative Officer., Tamil Nadu Housing Board, No.485, Anna Salai, Nandanam, Chennai- 600 035.
+1cc to Mr.C.Mohanraj, Advocate, S.R.No.63847 +1cc to the Government Pleader, S.R.No.63781 W.P.No.25655 of 2021 and W.M.P.No.27087 of 2021 SR(CO) RGA(12/01/2022)