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Madras High CourtWP/26663/2017disposed of accordingly

M.Sathishkumar v. The State Of Tamilnadu

2023-03-08Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2023 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.26663, 11173, 26690 & 11172 of 2017 and 13193 & 13189 of 2018 and W.M.P.Nos.12106, 1407, 1408, 12109, 28418, 28392, 28417 & 28391 of 2017 and 15526, 16636, 16637, 16640, 16639, 15533, 16635 & 15525 of 2018 [W.P.No.26663 of 2017] M.Sathishkumar ..

Petitioner vs

1. The State of Tamil Nadu By its Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George Chennai 600 009.

2. The Managing Director Tamil Nadu Housing Board Nandanam, Chennai 600 035.

3. The Executive Engineer cum Administrative Officer Tamil Nadu Housing Board Hosur Housing Unit, Hosur - 9 Krishnagiri District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus, to call for the records relating to the

impugned notification published in Daily Thanthi dated 09.10.2017 issued by 3rd respondent insofar as Flat No.HIG Old No.121-A, New No.1/375-E, situate at 'A' Jettihalli Housing Unit, Dharmapuri concerned, and quash the same and consequently direct the respondents herein to hand over the possession of the house insofar as No.HIG Old No.121-A, New No.1/375-E situate at 'A' Jettihalli Housing Unit, Dharmapuri issuing final allotment order.

For the Petitioner : Mr.L.Chandrakumar For the Respondents : No Appearance for respondent 1 Mr.D.Veerasekaran Standing Counsel for respondents 2 & 3

ORDER

The orders impugned dated 09.10.2017, 27.05.2018 & 07.06.2015, issued by the third respondent are sought to be quashed in these writ petitions.

2. The impugned order is a notification, inviting application from the public for allotment of flats under higher income group.

3. The learned Senior Counsel appearing on behalf of the petitioners made a submission that the old scheme was abolished and a new scheme was formed. Under the new scheme, the petitioners were allotted flats. A revised cost was fixed. Thus, the petitioners, if ready to accept the revised flat costs, shall pay the same to the Housing Board for seeking allotment.

4. The Housing Board has to issue a confirmation letter to the petitioners, enabling them to take a decision and pay the flat cost. In the event of paying the flat cost, further actions are to be taken.

5. Thus, the petitioners are at liberty to submit a letter of consent, accepting the revised flat cost on ascertaining the same to the Housing Board and the Housing Board on receipt of such request letters from the petitioners, shall pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of the representation from the petitioners, if any made.

6. With these directions, the writ petitions stand disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

08.03.2023 (2/2) Index : Yes/No Neutral Order:Yes/No drm To:

1. The State of Tamil Nadu By its Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George Chennai 600 009.

2. The Managing Director Tamil Nadu Housing Board Nandanam, Chennai 600 035.

3. The Executive Engineer cum Administrative Officer Tamil Nadu Housing Board Hosur Housing Unit, Hosur - 9 Krishnagiri District.

S.M.SUBRAMANIAM,J.

(drm) 08.03.2023 (2/2)