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Madras High CourtWP/128/2025disposed of

P.Zahir Hussain v. The Director

2025-01-06Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR P.Zahir Hussain ... Petitioner vs.

1.The Director Tamil Nadu Urban Habitat Development Board, No. 5 Kamarajar Salai, Chennai - 600 005.

2.Aysha Beevi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents particularly the 1st respondent to consider the petitioner's representations dated 28.10.2024 for cancellation of allotment order in Na.Ka.No.29627/93/E3 on 24.01.1996.

For Petitioner : Mr.G.Mohammed Aseef For R1 : Mr.S.Karthikeyan Standing Counsel for TNSCB

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as 1st respondent, this writ petition is disposed of at the admission stage itself.

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2. The petitioner herein seeks a direction to the 1st respondent to consider his representation dated 28.10.2024 seeking cancellation of allotment order made in favour of the 2nd respondent dated 24.01.1996.

3. It is the case of the petitioner that Plot No.53, Aasath Nagar, Aminjikkarai Chennai originally owned by the 1st respondent was allotted in favour of the petitioner's father in the year 1989. He died on 15.12.1991. Thereafter, on the basis of representation submitted by the petitioner's mother, the 2nd respondent herein, the allotment was transferred in her favour by order dated 24.01.1996. However, the petitioner's father got 7 legal heirs including the petitioner. The 2nd respondent without mentioning the details of other legal heirs got transfer order in favour of her favour. Therefore, the petitioner submitted a representation on 28.10.2024 seeking cancellation of allotment order passed in favour of the 2nd respondent and the same has not been considered by the 1st respondent till date. Hence, the petitioner is before this Court.

4. Mr.S.Karthikeyan, learned Standing Counsel for TNSCB, who is taking notice for the 1st respondent would submit that the representation 2/4

submitted by the petitioner dated 28.10.2024 will be considered by the 1st respondent on its own merits and in accordance with law, within the time fixed by this Court.

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 1st respondent to consider the representation of the petitioner dated 28.10.2024 and pass final orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order, after issuing necessary notice to the petitioner and 2nd respondent.

6. With the above direction, the Writ Petition stands disposed of. No costs.

06.01.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To The Director Tamil Nadu Urban Habitat Development Board, No. 5 Kamarajar Salai, Chennai - 600 005.

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S.SOUNTHAR, J.

dm 06.01.2025 4/4