Salem Seelavari Veettu v. The Chairman Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2016
CORAM
THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.4305 of 2016 Salem Seelavari Veettu Vasathi Variya Kudiyiruppor Nala Sangam Rep by its President Mr.P.Subramaniam ... Petitioner Vs.
1.The Chairman cum Managing Director Tamilnadu Housing Board 493, Anna Salai Nandanam, Chennai-35 2.The Executive Engineer-cum- Administrative Officer Tamilnadu Housing Board Salem-636 008 3.The Commissioner Salem Corporation Salem-636 001 ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents 1 and 2 to consider and pass order on the representation dated 11.11.2015 of the petitioner to maintain the basic amenities viz., the road, street, lighting, drainage, public works, water supply, electricity and such other amenities and conveniences for the Seelavari Housing unit at Thadampatti Village, Salem District.
For Petitioner : Mr.A.Nagarathinam For Respondents : Mr.R.V.Balu, for R1 and 2 Mr.S.Diwakar, for R3
O R D E R
Petitioners are all purchasers of housing plots in a layout promoted and developed by 2nd respondent Housing Board called Seelavari Eri housing scheme consisting of four categories viz., High Income Group, middle income group, lower income group I and II and Economically weaker section A and B. The petitioners have entered into lease cum sale transactions, sale agreements with the Housing Board and orders of allotment have been issued, they have also conducted small house in the plots.
2. The grievance of the petitioners is that the Housing Board at the time when they advertised the scheme were required to carry out certain developmental works, which according to the petitioners have been loaded into the plot cost. However, such developmental works and provision of basic amenities was not provided by the 2nd respondent. Several representations sent by the purchasers of the plots by themselves and through the association did not evoke any response. Therefore, they approach this Court and filed a writ petition in W.P.No.4190 of 2015, impleading the 3rd respondent Corporation and the 2nd respondent as the respondents 1 and 2 respectively and praying for a direction to the Salem Corporation to take over the services of further maintenance of road,street light,drainage etc.,in the said existing layout.
3. Learned counsel for petitioners association referred to Government Order in G.O.Ms.289 dated 26.11.2012, wherein the Government directed that the layouts promoted by Housing Board should be taken over by the local bodies concerned on an as is where is basis. The 2nd respondent herein addressed a letter to the 3rd respondent Corporation on 16.11.2012, stating that the Municipal Corporation is collecting property taxes from the allottees and requested them to take out the layout for maintenance for providing the amenities and maintenance thereof. Since the 3rd respondent Corporation did not take further proceedings in the matter,the writ petition was filed and it was disposed of by orderdated 17.03.2015,directing the 3rd respondent to consider the communications and pass appropriate orders.
Pursuant to which, the 3rd respondent Corporation has sent a communication to the petitioner dated 06.07.2015, stating that unless and until the entire works are completed by the Housing Board and handed over to the Corporation or the Housing Board has to pay a sum of Rs. 599 lakhs to the respondent Corporation if either one is done, they are ready to take over the housing layout for further maintenance and upkeep. On receipt of the same, the petitioner association has submitted representation on 11.11.2015, to the respondents and are before this Court by way of this writ petition for the afore mentioned relief.
4. In the light of the above dispute between the Housing Board and Corporation, this Court is of the view the matter has to be solved, since it is an inter-departmental issue. Especially bearing in mind the welfare of the residents who are residing in the said layout promoted by the Housing Board. It has to be borne in mind that the Corporation is collecting and would be entitled to collect property taxes from the house owners which also would add to the revenue of the Corporation.
However, in order to have a one time solution to the problem, this Court directs the Managing Director of the Tamilnadu Housing Board to convene a meeting in which the Commissioner of Salem Corporation should be invited to be present, as well as the 2nd and the office bearers of the petitioners association and take a proper and pragmatic decisions, so that the interest of house owners in the layout as well as the Housing Board and the Corporation are balance. The meeting shall be convened and necessary decision taken thereof within a period of three months from the date of receipt of a copy of this order. Writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kpr To 1.The Chairman cum Managing Director Tamilnadu Housing Board 493, Anna Salai Nandanam, Chennai-35 2.
The Executive Engineer-cum- Administrative Officer Tamilnadu Housing Board Salem-636 008 3.The Commissioner Salem Corporation Salem-636 001 +1cc to Mr.A.Nagarathinam, Advocate, S.R.No.14412 +1cc to Mr.V.Anandhamoorthy, Advocate, S.R.No.14557 Writ Petition No.