J.Baranibas v. The Chairman And Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.10.2024
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.N0.30552 of 2024 J.Baranibas ... Petitioner Vs.
1. The Chairman and Managing Director, CMDA Complex, Koyambedu, Chennai.
2. The Manager, Marketing and service, Thirumazhisai Satellite Town Division, No.792, TKSPM Towes, First Floor, Trunk Road, Poonamallee, Chennai-56.
3. The Executive Engineer & ADO Thirumazhisai Satellite Town Division, No.792, TKSPM Towes, First Floor, Trunk Road, Poonamallee, Chennai-56.
...... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the representation dated 18.07.2024 to receive the balance due from the petitioner and handover possession of house bearing No.5, HIG Sevvapet Projects, phaseII, Thiruvallur District by revoking the cancellation order dated 17.02.2016. For Petitioners : Mr.T.Dhanraj For Respondents : Mr.D.Veerasekaran, TNHB
ORDER
The writ petitioner seeks a direction to the respondent to consider the representation dated 18.07.2024 to receive the balance due from the petitioner and handover possession of house bearing No.5, HIG Sevvapet Projects, phasell, Thiruvallur District by revoking the cancellation order dated 17.02.2016.
2. It is the case of the petitioners that he was allotted a residential house bearing No.5, HIG Sevvapet projects, Phase II on 21.10.2006 for a sum of Rs.10,43,800/- Due to financial crisis, the petitioner could not able to pay the monthly installments for the house, for which, notice has been sent by the respondents. Subsequently, without issuing any notice to the petitioner, the respondents cancelled the allotment order to the petitioner. I Hence, the petitioner made a representation to the respondents on 18.07.2024 and the same has not been considered so far. Hence, the present petition.
3. The learned counsel for the petitioner submitted that this Court may issue a directions to the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.
4. The learned Standing Counsel appearing for the respondents submitted
that the second respondent will be considered and an appropriate orders will be passed on the petitioners representation within the stipulated time as fixed by this Court.
5. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the second respondent to consider the petitioners representation dated 18.07.2024 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition stands disposed of No costs. 17.10.2024 rli To,
1. The Chairman and Managing Director, CMDA Complex, Koyambedu, Chennai.
2. The Manager,
Marketing and service, Thirumazhisai Satellite Town Division, No.792, TKSPM Towes, First Floor, Trunk Road, Poonamallee, Chennai-56.
M.DHANDAPANI .J.
rli
3. The Executive Engineer & ADO Thirumazhisai Satellite Town Division, No.792, TKSPM Towes, First Floor, Trunk Road, Poonamallee, Chennai-56.
W.P.N0.30552 of 2024 17.10.2024