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Madras High CourtWP/36815/2016disposed of

M/S.V.J.P.S.Trust v. The Chairman

2017-02-02Honourable Mr Justice B. Rajendran3 pages

In the High Court of Judicature at Madras Dated: 02.02.2017 Coram The Honourable Mr.JUSTICE B.RAJENDRAN W.P.No.36815 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 ] Vs

1. The Chairman, Tamilnadu Housing Board, Nandanam, Chennai.

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

[ RESPONDENTS] Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondents to consider the petitioner's representation dated 05.07.2016 within a time frame and allot the said lands in S.No.316/6B2 to the extent of 4650 sq.mts. in favour of the petitioner's trust.

For Petitioner : Mr.K.Shyam Sunder For Respondent : Mr.V.Anandamoorthy Additional Government Pleader

ORDER

This writ petition is filed to direct the respondents to consider the petitioner's representation dated 05.07.2016 within a time frame and allot the said lands in S.No.316/6B2 to the extent of 4650 sq.mts. in favour of the petitioner's trust. 2.According to the petitioner, he is the President of

V.J.P.S. Trust, having office at No.9, TNHB complex, First Avenue, Shastri Nagar, Adyar, Chennai 600 020. Though the Government had acquired lands in S.No.316/6B2 to the extent of 4650 sq.mtrs. Under the Tamilnadu Land Ceiling Act, the Tamil Nadu Housing Board had not utilised the said lands for nearly 30 years. Further the Board has come forward with the proposal that the said lands were not utilised by them for carrying on any project. Therefore, he made a representation dated 05.07.2016, seeking for allotment of the said lands in favour of the petitioner. Since no reply has been received from the respondent, the petitioner has come up with the present writ petition.

3.Heard both sides.

4.Mr.V.Anandamoorthy, the 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. 5.In view of the above 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. 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. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vri

To

1. The Chairman, Tamilnadu Housing Board, Nandanam, Chennai.

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

+1cc to Mr.Gnansekar, Advocate, S.R.No.6712 +1cc to Mr.Anandhamurthy, Advocate, S.R.No.6813 PK(CO) RS(23/02/2017) W.P.No.36815 of 2016