Vasanthadevi v. Tamil Nadu Housing Board (Tnhb)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vasanthadevi .....
Petitioner Vs 1.Tamil Nadu Housing Board (TNHB) Rep. by its Chairman and Managing Director, Head Office at CMDA Complex, E & C Market Road, Koyambedu, Chennai-600 107.
2. Greater Chennai Corporation, Rep. by its Commissioner, Ripon Building, Chennai-600 003.
3.The Executive Engineer (Cum) Administrative Officer, Tamil Nadu Housing Board, K.K.Nagar Division, C-48, 2nd Avenue, Anna Nagar, Chennai-600 040.
4.The Executive Engineer, Works Department, Zone-11, No.33, Arcot Road, Valasaravakkam, Chennai-600 087.
.....
Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 4th respondent herein to process the petitioner's Application dated 11.05.2023 (Receipt No.2023-24/ON/0469962) in File No.PPA/WDNC11/04186/2023 dated 11.05.2023 for demolition and e-construction in respect of the property viz., House, Ground and Premises bearing Door No.9, 1st Street, Sairam Avenue, Valasaravakkam, Chennai-600 087, of which the land measuring to an extent of 2580 sq.ft., together with building thereon, comprised in Old Survey No.216/1, New Survey No.216/22 (Patta No.14867) Valasaravakkam Village, Maduravoyal Taluk, Chennai District, without insisting upon noobjection (NoC) from the respondents 1 and 3 within a time frame as may be fixed by this Court, based on the petitioner's representation dated 14.08.2024.
For Petitioners : Mr.K.R.Nishanth For R1 & R3 : Mr.D.Veera Sekaran Standing Counsel For R2 & R4 : Mr.D.B.R.Prabhu Standing Counsel
ORDER
This Writ Petition has been filed for a direction, directing the 4th respondent herein to process the petitioner's Application dated 11.05.2023 (Receipt No. 2023-24/ON/0469962) in File No.PPA/ WDNC11/04186/2023 dated 11.05.2023 for demolition and
re-construction in respect of the property, viz., House, Ground and Premises bearing Door No.9, 1st Street, Sairam Avenue, Valasaravakkam, Chennai-600 087, of which the land measuring to an extent of 2580 sq.ft., together with building thereon, comprised in Old Survey No.216/1, New Survey No.216/22 (Patta No.14867) Valasaravakkam Village, Maduravoyal Taluk, Chennai District, without insisting upon no-objection (NoC) from the respondents 1 and 3.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. Without expressing any opinion on the merits of the writ petition, the fourth respondent is directed to consider the application submitted by the petitioner for demolition and re-construction in respect of the property, viz., House, Ground and Premises bearing Door No.9, 1st Street, Sairam Avenue, Valasaravakkam, Chennai-600 087, admeasuring to an extent of 2580 sq.ft., comprised in Old Survey No.216/1, New Survey No.216/22 (Patta No.14867) Valasaravakkam Village, Maduravoyal Taluk, Chennai District, after giving an opportunity of hearing to the petitioner and the counter parties, if any, and dispose of
the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
4. With the above direction, this writ petition stands disposed of. No costs.
19.10.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Chairman and Managing Director, Tamil Nadu Housing Board (TNHB) Head Office at CMDA Complex, E & C Market Road, Koyambedu, Chennai-600 107.
2. The Commissioner, Ripon Building, Chennai-600 003.
3.The Executive Engineer (Cum) Administrative Officer, Tamil Nadu Housing Board, K.K.Nagar Division, C-48, 2nd Avenue, Anna Nagar, Chennai-600 040.
4.The Executive Engineer, Works Department, Zone-11,
No.33, Arcot Road, Valasaravakkam, Chennai-600 087.
G.K.ILANTHIRAIYAN. J, Lpp
19.10.2024