Km Thangaraj v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN W.P.No.8603 of 2016 K.M.Thangaraj ... Petitioner vs.

1.

State of Tamil Nadu, rep. by its Secretary, Housing and Urban Development Department, Secretariat, Chennai.

Tamil Nadu Housing Board, rep. By its Chairman, 493, Anna Salai, Nandanam, Chennai 600 035.

The Executive Engineer & Administrative Officer, Besant Nagar Division, T.N.H.B. Dr. Muthulakshmi Salai, Adyar, Chennai 600 020.

The Corporation of Chennai, rep. by its Commissioner, Chennai.

Chennai Metropolitan Development Authority, rep. By its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the Respondents to allot and construct a Park for the benefit of the residents of the TNHB Housing Colony, situated at S.No.123 Part of Velachery Village, comprised in Velachery S & S Scheme, Velachery Taluk, Chennai District, in accordance with the original sanctioned Plan.

For Petitioner :

Mr.P.Dinesh Kumar For 1st Respondent :

Mr.S.N.Parthasarathi, Government Advocate For Respondents 2 & 3 :

Mr.V.Anandamoorthy For 4th Respondent :

Mr.K.Soundarrajan For 5th Respondent :

Mr.K.Raja Srinivas

O R D E R

The Petitioner has come up with this Writ Petition seeking a direction to the Respondents to allot and construct a Park for the benefit of the residents of the TNHB Housing Colony, situated at S.No.123 Part of Velachery Village, comprised in Velachery S&S Scheme, Velachery Taluk, Chennai District, in accordance with the original sanctioned Plan. When the matter is taken up for hearing today, learned counsel appearing for Respondents 2 and 3/Tamil Nadu Housing Board submitted that the Tamil Nadu Housing Board will hand over the land identified for the purpose of 'Park' to the Corporation of Chennai.

Learned counsel appearing for the 4th Respondent/Corporation submitted that the Park will be developed in the land in question, once the same is allotted to them. Learned counsel for the Petitioner submitted that the said submissions of the Learned Counsel appearing for the Tamil Nadu Housing Board and the Corporation, may be recorded and a time limit may be prescribed for development of the Park. Taking into account the submissions of the learned Counsel on either side, this Court directs the Respondents 2 and 3/Tamil Nadu Housing Board to identify the land for the purpose of 'Park' and allot the same to the 4th Respondent/Corporation of Chennai and once the allotment is made, the 4th Respondent/Corporation of Chennai is directed to develop the 'Park' within a period of three months from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above directions. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar

To:

1.

The Secretary, State of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai.

The Chairman, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai 600 035.

The Executive Engineer & Administrative Officer, Besant Nagar Division, T.N.H.B. Dr. Muthulakshmi Salai, Adyar, Chennai 600 020.

The Commissioner, Corporation of Chennai, Chennai.

The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

+ 2 cc to M/s.Suhrith Parthasarathy Advocate,SR.14385(20/04/2018) + 1 cc to Mr.K.Raja Srinivas Advocate,SR.14989(20/04/2018) Order in W.P.No.8603 of 2016 ssd(co) nr 22/03/2018