Madras High CourtWA/2348/2018dismissed

R. Kothairaman v. The Principal Secretary To Government

2019-01-28Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice P. Rajamanickam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.01.2019

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM W.A.No.2348, 2451 2597, 2600 of 2018 and C.M.P.Nos.19806,, 21161, 21162, 21199, 21200, 21218, 21220 1.R.Kothairaman 2.T.Gowri 3.T.Sornapandian 4.N.Rajeshkumar ...Appellants in W.A.No.2348/2018 1.N.Viswanathan 2.S.Poongodi 3.G.Arivazhagan 4.G.Durairaj 5.R.Chinnathambi 6.K.Kesavan 7.V.Sourimuthupillai 8.B.Mohanraj 9.K.Udayakumar 10.J.Lathajeyanthai 11.A.Ravi 12.D.Rajendran 13.T.Suma

14.S.S.Kumaravel 15.P.Illakkiavani 16.A.G.Azhagi Lakshmi 17.Venkatesan Chandra 18.R.Umapathy 19.K.B.Manigandan 20.V.Manimekalai 21.A.Manjuladevi 22.R.Vimala 23.P.Kalainesan 24.M.Ravi 25.R.P.Yuvaraj 26.G.Dhanalakshmi 27.S.Dyabara Ramesh 28.K.Killivalavan 29.M.Selvanayaki 30.S.Shanmugam ...Appellants in W.A.No.2451/2018 1.A.Chithira 2.C.Krishnan ...Appellants in W.A.No.2597/2018 1.D.Vijayalakshmi 2.K.Chandrasekaran ...Appellants in W.A.No.2600/2018 Vs 1.The Principal Secretary to Government Housing & Urban Development Department Chennai 600 009.

2.Tamil Nadu Housing Board, Rep.by its Principal Secretary / Managing Director, Nandanam, Chennai-600 035.

3.The Executive Engineer and Executive Officer, Tamil Nadu Housing Board, C.I.T.Nagar Division, Chennai-600 017.

...Respondents in all W.As

4.R.Amudha 5.A.Ramamoorthy 6.J.Krithiga ... Respondents in WA 2348/18 PRAYER in W.A.No.2348 of 2018:- Writ Appeal filed under clause 15 of the Letter Patents to setaside the order dated 01.08.2018 passed by this Court in W.M.P.No.19199 of 2018 in W.P.No.16134 of 2018 to the extent it relates to the appellants, who were not provided with alternate accommodation at Todhunter Nagar itself and allow the appeal filed by the appellants / petitioners. PRAYER in W.A.No.2451 of 2018:- Writ Appeal filed under clause 15 of the Letter Patents to setaside the order dated 01.08.2018 passed by this Court in W.M.P.No.16956 of 2018 in W.P.No.14350 of 2018 to the extent it relates to the appellants, who were not provided with alternate accommodation at Todhunter Nagar itself and allow the appeal filed by the appellants / petitioners. PRAYER in W.A.No.

2597 of 2018:- Writ Appeal filed under clause 15 of the Letter Patents to setaside the order dated 01.08.2018 passed by this Court in W.M.P.No.17631 of 2018 in W.P.No.14914 of 2018 to the extent it relates to the appellants, who were not provided with alternate accommodation at Todhunter Nagar itself and allow the appeal filed by the appellants / petitioners. PRAYER in W.A.No.2600 of 2018:- Writ Appeal filed under clause 15 of the Letter Patents to setaside the order dated 01.08.2018 passed by this Court in W.M.P.No.19894 of 2018 in W.P.No.16689 of 2018 to the extent it relates to the appellants, who were not provided with alternate accommodation at Todhunter Nagar itself and allow the appeal filed by the appellants / petitioners. WP.NO. 16134 OF 2018: Calling for the records of the 1st respondent under G.O.Ms. No.21 dated 29.01.

2013 together with the consequential notices issued to the petitioners by the 2nd respondent under letter No.

606-D-D27) GRS3/13211/ 2018-127 (464-D-AG- 34-606-D-D127) and GRS3(13211/ 2018-21(464-C-AA4 - 606C-C21) dated 05.06.2018 to quash the same.

WP.NO. 14350 OF 2018:calling for the records of the 1st Respondent under G.O.Ms. No.21 Housing & Urban development Department dated 29.01.2013 together with the consequential notices issued to the Petitioners by the 3rd Respondent dated 09.06.1987 25.05.2018 and 05.06.2018 and to quash the same. W.P.No.14914 OF 2018: calling for the records of the 1st respondent under G.O. Ms. NO. 21 dated 29.01.2013 together with the consequential notices issued to the petitioners by the 3rd respondent under letter No. GRS3/ 13211/ 2018-33 (464-D-AB12606-D-D33) GRS3/ 13211/ 2018-126 (464-D-AB12-606-D-D126) GRS3/ 13211/ 2018-149 (464-D-AB12-606-D-D149) GRS3/ 13211/ 2018-52 (464-D-AB12-606-D-D52) GRS3/13211/ 2018-2 (464-D-AB12-606-D-D2) DATED 05.06.2018 AND CIT Na.Ka. 03/662/17 dated 25.05.2018 to quash the same WP.No. 16689 OF 2018:

Calling for the records of the 1st respondent under G.O. Ms.No.21 dated 29.01.2013 together with the consequential notices issued to the petitioner by the 3rd respondent under letter No.GRS3/13211/ 2018-82 (464-C-AL 9- 606-C-C82) GRS3 / 13211 / 2018-154(464-D-AH 48-606-D-D154) GRS3 / 13211 / 2018146 (464-D-AH 34-606-D-D146) GRS3 / 13211/2018 - 65(464-D-AD 2606-D-D65) dated 05.06.2018 to quash the same and forbear the respondents from evicting the petitioner from existing allotment. For Appellants in all W.As : Mr.Richardwilson For Respondents in all W.As : Mr.Anandhamurthy, Standing Counsel COMMON JUDGMENT [Judgment of the Court was delivered by M.SATHYANARAYANAN, J.,] The present writ appeals are preferred against the commom order dated 01.08.2018, in and by which the interIm order sought by the appellants came to be rejected.

2. Mr.Richard Wilson, learned counsel appearing for the appellants would submit that subsequently main writ petitions came to be dismissed with certain directions on 28.09.2018 and in the light of the said development, nothing remains for further adjudication in these writ appeals and also prays for opportunity to challenge the said final order.

3. This Court heard the submission of the learned counsel appearing for the respondents also.

4. In the light of the said submission and development, this Court is of the considered view that nothing remains for further adjudication in these appeals, as they are preferred only against the rejection of the petitions filed for interim orders. Therefore, the writ appeals are dismissed, confirming the order dated 01.08.2018. However, if the appellants / writ petitioners are so advised and if it is available to them under law, they are always at liberty to challenge the common order dated 29.08.2018 made in W.P.Nos.16134, 14350, 14914, 16689 of 2018.

5. Accordingly, the writ appeals are dismissed. No costs. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar sk To 1.The Principal Secretary to Government Housing & Urban Development Department Chennai 600 009.

2.The Principal Secretary / Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai-600 035.

3.The Executive Engineer and Executive Officer, Tamil Nadu Housing Board, C.I.T.Nagar Division, Chennai-600 017.

+1cc to Mr.P.Wilson, Advocate, S.R.No. 7114 +4cc to Mr.V.Anandhamurthy, Advocate, S.R.No. 6746 +1cc to the Government Pleader, S.R.No. 6537 W.A.No.2348, 2451 2597, 2600 of 2018 KAN(CO) GN(26/02/2019)