Madras High CourtWP/32026/2023disposed of with direction

J.Nagaraj v. The Chairman

2025-10-31Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI J.Nagaraj .....

Petitioner Vs 1.The Chairman The Tamil Nadu Urban Habitant Development Board No.5, Kamarajar Street Chennai-600 005.

2.The Estate Engineer The Tamil Nadu Urban Habitant Development Board Vyasarpadi, Chennai-600 039 3.The Managing Director The Tamil Nadu Urban Habitant Development Board No.5, Kamarajar Salai Chepauk, Chennai-600 006.

.....

Respondents PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the third respondent to reconstruct the shop at the entrance of Karimedu Colony, Anjaneya Nagar, Royapuram,

Chennai-600013 in favour of the petitioner as per the third respondent's reply letter dated 26.08.2019 within a stipulated time. For Petitioner : Mr.J.N.Naresh Kumar For R1 to R4 : Mr.G.Sivakumar Standing Counsel

O R D E R

This writ petition has been filed, directing the third respondent to reconstruct the shop at the entrance of Karimedu Colony, Anjaneya Nagar, Royapuram, Chennai-600013 in favour of the petitioner as per the third respondent's reply letter dated 26.08.2019 within a stipulated time.

2. The case of the petitioner is that the petitioner mother was running a Tiffin shop on the 50 sq.ft. of land situated at the entrance of Karimedu Colony, Anjaneya Nagar, Royapuram, Chennai-600 003. After the demise of his mother on 22.04.2010, the petitioner has been running the shop at the above place. Whileso, without issuing any prior notice, the respondents asked the petitioner to vacate the said shop stating that they are going to demolish the old building

and to reconstruct the new buildings in the said area, failing which they would demolish the shop at any time. Hence, the petitioner made a representation to the 1st respondent on 16.10.2018 requesting not to demolish the said shop. Since there was no response from the respondents, the petitioner filed a writ petition in W.P No.24275 of 2019 against the 1st and 2nd respondents. In the meanwhile, the 3rd respondent sent a reply letter dated 26.08.2019 stating that the petitioner's request will be considered after the completion of the reconstruction work. This Court, by its order dated 23.10.2019 permitted the petitioner to withdraw the writ petition on the basis of the assurance letter given by the 3rd respondent dated 26.08.2019. However, the 3rd respondent has not followed the said assurance letter. Hence the present writ petition is filed.

3. The learned counsel for the petitioner would submit that this Court may issue a direction to the 3rd respondent to consider the petitioner's representation dated 16.10.2018 for allotment of a bunk Shop in any other opted place.

4. The learned standing counsel appearing for the respondents would

submit that they will consider the petitioner's representation in terms of the Board Resolution No.7.03/472 dated 20.11.2015 and pass appropriate orders within a reasonable time as fixed by this Court.

5. In view of the above, there shall be a direction to the 3rd respondent to consider the petitioner's representation dated 16.10.2018 and pass appropriate orders on merits and in accordance with law, within a period of six weeks (6) from the date of receipt of a copy of this order. M.DHANDAPANI, J.

uma

6. With the above direction, this writ petition is disposed of. No costs.

31.10.2025 Index : Yes/No : Yes/No Speaking/non-speaking order uma To 1.The Chairman The Tamil Nadu Urban Habitant Development Board No.5, Kamarajar Street Chennai-600 005.