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Madras High CourtWP/35040/2019disposed of

N.Balasubramanian v. The Managing Direcctor

2021-12-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Writ Petition No.35040 of 2019 N.Balasubramanian

...Petitioner

vs.

1.

The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai,Chennai 600 035.

2.

The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Erode Housing Board, Housing Board Commercial Complex, Surampatty Nal Road, Erode - 638 009.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the Respondents in particular, the 2nd Respondent to grant allotment of Plot vide No.R-45B situated at Sampath Nagar Scheme and EHU 130 Kollampalayam Scheme at the rate of Rs.1478/- per square feet on the basis of the Petitioner's representation dated 18.11.2019.

For Petitioner :

Mr.M.Saravana Kumar For Respondents :

Mr.R.Bharath Kumar

O R D E R

Petitioner has come up with the present Writ Petition seeking a direction to the 2nd Respondent to grant allotment of Plot vide No.R-45B situated at Sampath Nagar Scheme and EHU 130 Kollampalayam Scheme at the rate of Rs.1478/- per square feet on the basis of his representation dated 18.11.2019. 2.According to the Petitioner, he is a senior citizen and has crossed 65 years of age at the time of filing the present Writ Petition. His father viz. Nachimuthu Gounder was a Freedom Fighter and he died on 25.10.1994, leaving behind him, his mother and five children, including him. After the death of his https://hcservices.ecourts.gov.in/hcservices/

father, his mother fought legal battle for getting allotment of a plot in the Respondent Housing Board. It is stated by the Petitioner that, a larger extent of his ancestral land had been acquired for developing the city of Erode, but, they have not received any compensation till date. Hence, the Petitioner made a representation dated 18.11.2019 to the Respondents seeking allotment of housing site at Plot No.45-B Sampath Nagar Housing Scheme and Housing Plot EHU 130 Kollampalayam Scheme in his favour. As no orders are passed on his representation, the Petitioner is before this Court.

3.Learned counsel for the Petitioner submitted that, this Court may issue a direction to the 2nd Respondent to consider and pass orders on the Petitioner's representation dated 18.11.2019 within a stipulated time.

4.Heard the learned counsel on either side and perused the material documents available on record.

5.Considering the facts and circumstances of the case, this Court directs the 2nd Respondent herein to consider the Petitioner's representation dated 18.11.2019 in accordance with the Housing Board Scheme and law, and pass appropriate orders, after affording an opportunity of hearing to the parties, within a period of six weeks from the date of receipt of a copy of this order, The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai,Chennai 600 035.

2.

The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Erode Housing Board,Housing Board Commercial Complex, Surampatty Nal Road,Erode - 638 009.

W.P.No.35040 of 2019 SSN(CO) RGA(04/01/2022) https://hcservices.ecourts.gov.in/hcservices/