Madras High CourtWP/34025/2024disposed of

P.Tamil Selvan v. State Of Tamilnadu

2026-01-06Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA P.Tamil Selvan S/o.Periyasamy Thangavel, Door No.9,14th Cross Street, Santhi Nagar, Alapakkam, Kancheepuram-603 002.

..Petitioner(s) Vs

1. State of Tamil Nadu Rep by Secretary, Housing and Urban Development, Fort St.George, Chennai-600 009.

2. The Managing Director Tamil Nadu Housing Board, Koyambedu, Chennai-600 107.

3. The Executive Engineer and Administrative Officer K.K.Nagar Division, Tamil Nadu Housing Board C-48, TNHB Complex, 2nd Avenue, Anna Nagar, Chennai-600 040.

..Respondent(s) PRAYER : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to consider the representation letter dated 26.7.2024 based on the G.O.(Ms)No.136 dated 10.10.2023 issued by the respondents

For Petitioner(s):

Mr.R.Venkatesh For Respondent(s):

Mr. V. Jeevagiridharan Additional Government Pleader for R1 Mr.A.M.Ravindranath Jeyapal Standing Counsel for TNHB [R2 & R3]

ORDER

The writ petition has been filed seeking a mandamus to the respondents to consider the petitioner's representation dated 26.7.2024 in the light of G.O. (Ms) No.136 dated 10.10.2023.

2. The petitioner would submit that she is a bonafide purchaser of petition mentioned property comprised in Survey No.84/2B2, Allappakam Village, Chengalpattu District, vide a registered sale deed dated 13.05.2022. Thereafter, the petitioner had mutated the revenue records in her name. In the year 2022, the petitioner had put up a construction and has been in possession and enjoyment of property to date. Be that as it may, the 3rd respondent issued notice dated 30.08.2022, in which it had directed the petitioner to remove the construction put up by her, which according to them is an unauthorised construction, as the subject property was acquired by the Tamil Nadu Housing Board vide Award dated 03/92 dated 28.08.1992 and has taken possession on 03.07.2007.

3. The petitioner would contend that prior to mutation of revenue records

in her favour , the subject property stood in the name of the original owner but not in the name of TNHB. That apart, the subject property was not taken possession either by the Land Acquisition Officer or by the respondents, even after a lapse of 23 years of passing of the award, and no compensation has been paid to the petitioner till date.

4. It is her further contention that as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act, 2013, the acquisition proceedings in respect of the petition mentioned property has lapsed. Further, the petitioner would draw reference to G.O.(Ms) No.136 (Housing and Urban Development [LA2(2)] dated 10.10.2023, in and which the Government of Tamil Nadu had constituted a Special Redressal Committee to address the grievances relating to land acquisition by the Tamil Nadu Housing Board. Therefore, the petitioner with a fond hope, had submitted her representation dated 26.07.2024 to the respondents seeking allotment of petition mentioned property in her favour, in terms of the said G.O.(Ms) No.136 dated 10.10.2023. However, no action has been taken on the petitioner's representation till date. Hence, the petitioner is before this Court.

5. The learned counsel appearing for the petitioner has brought to the notice of this Court the order in W.P.No.19046 of 2024 dated 12.07.2024, and seeks that the same relief can be granted to this petitioner also.

6. Heard the learned counsel appearing on either side and also perused the records placed before this Court.

7. Taking into account the submission made by the petitioner, this Court, without expressing any opinion on the merits of the case, a mandamus is issued to the respondents herein to consider the representation of the petitioner dated 26.07.2024, afford an opportunity of hearing to the petitioner as well as others who may be necessary in this matter, consider the documents if any filed by her, and pass a speaking order on the same, expeditiously but not later than four weeks from the date of receipt of a copy of this order, in accordance with law and all prevailing Government orders.

8. With the above directions, the writ petition is disposed of. No costs. 06-01-2026 Index: Yes/No Speaking/Non-speaking order DS

To:

1. The Secretary

1. State of Tamil Nadu Housing and Urban Development, Fort St.George, Chennai-600 009.

2. The Managing Director Tamil Nadu Housing Board, Koyambedu, Chennai-600 107.

3. The Executive Engineer and Administrative Officer K.K.Nagar Division, Tamil Nadu Housing Board C-48, TNHB Complex, 2nd Avenue, Anna Nagar, Chennai-600 040.

P.T.ASHA J.

DS 06-01-2026