B.Balasubramanian, v. State Of Tamilnadu, Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.Nos.29383 & 29384 of 2018 B.Balasubramanian
...Petitioner
Vs.
1.
State of Tamil Nadu, Rep. by the Secretary to Government, Housing & Urban Development (HBS-2), Department, Secretariat, Fort St. George, Chennai - 600 009. 2.
The Tamilnadu Housing Board, Rep. by its Chief Revenue Officer, No.493, Anna Salai, Nandanam, Chennai - 600 035. 3.
The Tamilnadu Housing Board, Rep. by its Executive Engineer, Foreshore Estate Division, Anna Salai, Nandanam, Chennai - 600 035.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 1st Respondent G.O.(Ms)No.118 Housing and Urban Development (HB5-2) Department dated 4.7.2017 and the Third Respondent Demand Letter No. P.Pa.Ko./00029/2017 dated 27.7.2017 and quash the same and consequently direct the Respondents to receive Rs.930 /- only every month as rent from 1/5
the petitioner for the tenanted premises situated at Flat No.20/11, Peters Colony, Peters Road, Royapettah, Chennai - 600 014. For Petitioner : Mr.V.K.Rajagopalan For Respondents : Mr.U.Bharanidaran, AGP, for R1.
: Mr.Raveendranath Jayapal, for R2 & R3.
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records of the 1st Respondent in respect of the Government order in G.O.(Ms)No.118 Housing and Urban Development (HB5-2) Department dated 04.07.2017 and the 3rd respondent in respect of the Demand Letter dated 27.7.2017 bearing No.P.Pa.Ko./00029 /2017, quash the same and to consequently direct the respondents to receive only Rs.930/- every month as rent from the petitioner for the tenanted premises situated at Flat No.20/11, Peters Colony, Peters Road, Royapettah, Chennai - 600 014.
2. When the matter was taken up for hearing, it was brought to the notice of this Court that, the very same Government order in G.O.(Ms) No.118 Housing and Urban Development (HB5-2) Department dated 04.07.2017 and the consequential respective Demand Letters were 2/5
challenged before this Court in a Batch of Writ petitions in W.P.Nos.26919 of 2017 & etc., cases and the same were dismissed by this Court, vide order dated 12.10.2018 and the subsequent Writ appeals in W.A.Nos.535 of 2019 & etc., batch cases filed by the aggrieved parties were also dismissed by the Hon'ble Division Bench of this Court, vide order dated 22.04.2019.
3. In view of the above facts, this Court is of the view that, filing the present Writ petition challenging the very same Government order, which was upheld by the Hon'ble Division Bench of this Court is not sustainable. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous petitions are closed. 15.03.2023 (1/2) Speaking Order : Yes/ No Index : Yes/ No 3/5
M.DHANDAPANI,J.
To 1.
State of Tamil Nadu, Rep. by the Secretary to Government, Housing & Urban Development (HBS-2), Department, Secretariat, Fort St. George, Chennai - 600 009. 2.
The Tamilnadu Housing Board, Rep. by its Chief Revenue Officer, No.493, Anna Salai, Nandanam, Chennai - 600 035. 3.
The Tamilnadu Housing Board, Rep. by its Executive Engineer, Foreshore Estate Division, Anna Salai, Nandanam, Chennai - 600 035.
and WMP.Nos.29383 & 29384 of 2018 (1/2) 4/5
15.03.2023 WMP.No.29382 of 2018 in M.DHANDAPANI, J.
Dispense with ordered for the present.
15.03.2023 (2/2) 5/5