Saraladevi v. The Chairman - Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.27320 OF 2021 Saraladevi ... Petitioner Vs
1. The Chairman-cum-Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai - 600 035.
2. The District Collector, Master Plan Complex, Collectorate, Villupuram - 605 103.
3. The Public Relation Officer, The Executive Engineer & Administrative Officer (E), Tamil Nadu Housing Board, Villupuram Housing Unit, Maharajapuram, Villupuram - 605 602.
4. The Executive Engineer & Administrative Officer (E), Tamil Nadu Housing Board, Villupuram Housing Unit, Maharajapuram, Villupuram - 605 602.
5. Land Acquisition Officer & Specail Thasildar (LA), Tamil Nadu Housing Board Scheme, Salamedu Limit, Villupuram, Cuddalore.
... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay compensation for acquiring the petitioner's housing plot No.39 measuring an
extent of 2088 sq.ft. comprised in survey No.43/2pt from its total extent of 0.48 cents covered under Award No.7/94 dated 03.09.1994 together with accrued interest and solatium as per law or to compensate the same by allotting a vacant housing plot based on the petitioner's representation dated 20.10.2021 on merits and in accordance with law.
For Petitioner : Mr.V.Srinivasa Babu For R1,R3 & R4 : Mr.S.Vanchinathan Standing Counsel For R2 & R5 : M/s.D.Tamilselvi Additional Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to pay compensation for acquiring the petitioner's housing plot No.39 admeasuring to extent of 2088 sq.ft. comprised in survey No.43/2pt from its total extent of 0.48 cents covered under Award No.7/94 dated 03.09.1994 together with accrued interest and solatium as per law or to compensate the same by allotting a vacant housing plot based on the petitioner's representation dated 20.10.2021 on merits and in accordance with law.
2. Heard, Mr.V. Srinivasa Babu, learned counsel appearing for the petitioner, Mr.S.Vanchinathan, learned Standing Counsel appearing for the respondents 1, 3 & 4 and Ms.D.Tamilselvi, learned Additional Government Pleader appearing for the respondents 2 & 5.
3. Without expressing any opinion on merits of the writ petition, the third respondent is directed to consider the representation of the petitioner dated 20.10.2021, by giving an opportunity of hearing to the petitioner and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
4. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar Lpp
To
1. The Chairman-cum-Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai - 600 035.
2. The District Collector, Master Plan Complex, Collectorate, Villupuram - 605 103.
3. The Public Relation Officer, The Executive Engineer & Administrative Officer (E), Tamil Nadu Housing Board, Villupuram Housing Unit, Maharajapuram, Villupuram - 605 602.
4. The Executive Engineer & Administrative Officer (E), Tamil Nadu Housing Board, Villupuram Housing Unit, Maharajapuram, Villupuram - 605 602.
5. Land Acquisition Officer & Specail Thasildar (LA), Tamil Nadu Housing Board Scheme, Salamedu Limit, Villupuram, Cuddalore.
+1cc to Mr.V.Srinivasa Babu, Advocate, S.R.No.69366 +1cc to Mr.S.Vanchinathan, Advocate, S.R.No.69452 +1cc to the Government Pleader, S.R.No.69745 W.P.No.27320 of 2021 GSM(CO) RLP(28/01/2022)