Babu v. The Secretary To Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.36512 of 2024 and W.M.P.No.39357 and 39358 of 2024 1.Babu 2.Tmt.P.Anandhi 3.Nagarajan 4.Tmt.B.Usha 5.A.Rajesh Kumar 6.Ms.J.Muthu Abinaya
7. Ms.J.Pilomina
8. M.Chandrasekar 9.Kannan 10.Yesudoss
11. Tmt.S.Obulammal 12.K.Balaji
13. Tmt.Radhika
14. Tmt.Kamalam
...Petitioners
Vs.
1. The Secretary to Government of Tamil Nadu Housing and Urban Development Department Fort St.George, Secretariat Chennai-600 009.
2. The Managing Director No.5, Kamarajar Salai, Triplicane, Chennai-600 005.
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3. The Executive Engineer Division-& Opp. To Alaiamman Temple, Chennai-600 018.
..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ o Mandamus, directing the respondents to consider the petitioners representation dated 20.06.2024 and thereby, direct the respondents 1 to 3 to complete the construction and handover the LIG flats to the petitioner by implementing the order of this Honourable Court made in W.P. No.7889/2023 dated 18.04.2023.
For Petitioners : Mr.B.Sundarapandiyan For respondent 1 : Mrs.M.Jayanthy Additional Government Pleader For respondents 2 & 3 : M/s.G.Thilakavathi Senior Counsel for Mr.S.Karthikeyan, Standing Counsel
O R D E R
The petitioners herein seek a direction to respondents to consider their representation dated 20.06.2024 and thereby, direct the respondents 1 to 3 to complete the construction and hand over the LIG flats to the petitioners by implementing the order of this Court in W.P. No.7889/2023 dated 18.04.2023. 2/6
2. It is the case of the petitioners that their vendors purchased LIG housing flats from 2nd respondent in the year 1998. After payment of the entire sale consideration, the 2nd respondent executed a sale deed in favour of petitioners. After passage of time, the building condition had become dilapidated. Therefore, the 2nd respondent decided to demolish the building and go for the construction. Some of the plot owners filed writ petition before this Court in W.P.No.7889 of 2023 etc., seeking direction to respondents not to demolish the structure. The said writ petition was disposed of with direction to respondents to complete the construction and hand over the new flats to the petitioners therein and other similarly situated persons after collecting a sum of Rs.1,50,000/-.
In spite of said direction, the respondents have not taken any steps to demolish the building and re-construct the same. Therefore, the petitioner, who is also similarly situated person, submitted a representation on 20.06.2024 seeking demolition of building and re-construction of the same as per the order passed by this Court in W.P.No.7889 of 2023 etc., The said representation has not been considered. Hence, the petitioners are before this Court.
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3. Mrs.M.Jayanthy, learned Additional Government Pleader takes notice for the 1st respondent and M/s.G.Thilakavathi, learned Senior Counsel for Mr.S.Karthikeyan, learned Standing Counsel takes notice for the respondents 2 and 3.
4.M/s.G.Thilakavathi, learned Senior Counsel assisted by Mr.S.Karthikeyan, learned Standing Counsel, who takes notice for the respondents 2 and 3, submits that some of the occupants refused to vacate the premises. Therefore, the 2nd and 3rd respondents are not able to commence the demolition. The learned Senior Counsel also submits that 2nd and 3rd respondents filed a review application of the order passed in W.P.No.7889 of 2023 etc., and the same was dismissed. The learned Senior Counsel further submits that challenging the order passed in writ petitions, a writ appeal has been filed in W.A.Sr.No.150994 of 2024 and the same is yet to be numbered.
5. In view of the above said position, this Court, without going into the merits of the claim made by the petitioners, is inclined to direct the 2nd respondent to consider the representation of the petitioners dated 20.06.2024 and pass final orders on its' own merits within a period of six weeks from the 4/6
date of receipt of copy of this order .
6. With the above directions, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 09.12.2024 (1⁄2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To
1. The Secretary to Government of Tamil Nadu Housing and Urban Development Department Fort St.George, Secretariat Chennai-600 009.
2. The Managing Director No.5, Kamarajar Salai, Triplicane, Chennai-600 005.
3. The Executive Engineer Division-& Opp. To Alaiamman Temple, Chennai-600 018.
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S.SOUNTHAR , J.
nr W.P No.36512 of 2024 and W.M.P.No.39357 and 39358 of 2024 09.12.2024 6/6