R.Rajendran v. Tamil Nadu Housing Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2025 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH R.Rajendran ..

Petitioner v.

1. Tamil Nadu Housing Board rep.by its Chairman CMDA Complex, E&C Market Road Koyambedu, Chennai 600 107

2. Tamil Nadu Housing Board rep.by its Managing Director CMDA Complex, E&C Market Road Koyambedu, Chennai 600 107

3. The Executive Engineer and Administrative Officer Salem Housing Unit Ayyanthirumaaligai Salem 636 008

4. The Assistant Revenue Officer Salem Housing Unit Ayyanthirumaaligai Salem 636 008

5. The Commissioner Salem City Municipal Corporation Salem ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st, 2nd, 3rd, 4th and 5th respondents to consider and pass orders on petitioner's representation dated 12.12.2021 and further representations dated 27.12.2021, 31.12.2022, 05.09.2023.

For Petitioner ::

Mr.V.Prakash Senior Counsel for Mr.K.Krishnamoorthy For Respondents ::

Mr.D.Veerasekaran Standing Counsel for R1 to R4 Ms.P.Aishwarya Government Advocate for R5

ORDER

This writ petition has been filed for issuance of a mandamus directing the Tamil Nadu Housing Board to consider the representations made by the petitioner, wherein the petitioner is requesting for allotment of residential unit where he has already put up his construction.

2. Heard the learned counsels appearing for the parties.

3. The case of the petitioner is that he is a retired Government servant and pensioner, who was allotted a plot under the lease cum sale agreement by the Tamil Nadu Housing Board in the year 1998. An eviction order was passed and the allotment made in favour of the petitioner was also cancelled, which was unsuccessfully challenged till the Apex Court. The petitioner thereafter made several representations to the Housing Board seeking for allotment of the residential unit. Since the same were not considered, the present writ petition has been filed before this Court.

4. The third respondent has filed a counter affidavit. The third respondent, apart from extracting all the earlier orders passed, has also taken a stand that the allotment was cancelled on 19.06.2022 and they have not received any representation from the petitioner.

5. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the petitioner to make a fresh representation before the second respondent along with the relevant documents. The same shall be

considered by the second respondent on its own merits and in accordance with law and the decision taken shall be conveyed to the petitioner within a period of eight weeks from the date of receipt of the fresh representation from the petitioner.

6. This writ petition is disposed of with the above direction. Consequently, W.M.P.No.38730 of 2024 is closed. No costs. Index : yes/no 16.07.2025 ss To

1. The Chairman CMDA Complex, E&C Market Road Koyambedu, Chennai 600 107

2. The Managing Director CMDA Complex, E&C Market Road Koyambedu, Chennai 600 107

3. The Executive Engineer and Administrative Officer Salem Housing Unit Ayyanthirumaaligai Salem 636 008

4. The Assistant Revenue Officer Salem Housing Unit Ayyanthirumaaligai Salem 636 008

5. The Commissioner Salem City Municipal Corporation Salem

N.ANAND VENKATESH,J.

ss 16.07.2025