R.Raja v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P.Nos.33231 of 2018 and W.M.P.No.38568 of 2018 R.Raja .. Petitioner Rep.by Power Agent Mr.S.Ramamurthy -vs1.The State of Tamil Nadu, rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Managing Director, Nandanam, Chennai - 600 035.

3.The Chief Revenue Officer, Nandanam, Chennai - 600 035.

4.The Executive Engineer, K.K. Nagar Division, Ashok Nagar Shopping Complex, Ashok Nagar, Chennai - 600 083.

5.The Competent Authority, Nandanam, Chennai - 600 035.

.. Respondent in all WPs.

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records relating to the notice dated 03.07.2018 under Section 84

(2) of the Tamil Nadu Housing Board Act, 1961 by the 5th respondent and to quash the same in respect of the land of an extent of 8422 sq. ft. bearing Plot Nos.118 & 119 comprised in S.No.51/1, Valasaravakkam Village, Saidapet Taluk, Chengalpet District as the land acquisition proceedings stands lapsed as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013.

For Petitioner : Mrs.AL.Ganthimathi For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondent No.1 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The petitioner has approached this Court against the notice dated 03.07.2018 issued under Section 84(2) of the Tamil Nadu Housing Board Act, 1961.

2. On going through the said notices dated 03.07.2018, it is seen that the notice issued by respondent No.5 is only a show cause notice, in which, the petitioner has been called upon to tender his explanation and only if the explanation tendered is not acceptable, final order under Section 84(1) of the Tamil Nadu Housing Board Act, 1961 would be passed to evict the petitioner. As the impugned notice issued to the petitioner is only a show cause notice, it would be open to the petitioner to reply to the same. At this juncture, we are not inclined to interfere with the same. However, if the petitioner sends reply within a period of one week from today, the concerned authority to consider the reply and thereafter, take a decision thereon in accordance with law.

3. With the above observation, the writ petition is dismissed. No costs. Consequently, W.M.P.No.38568 of 2018 is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To 1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Managing Director, Nandanam, Chennai - 600 035.

3.The Chief Revenue Officer, Nandanam, Chennai - 600 035.

4.The Executive Engineer, K.K. Nagar Division, Ashok Nagar Shopping Complex, Ashok Nagar, Chennai - 600 083.

5.The Competent Authority, Nandanam, Chennai - 600 035.

+1cc to Mrs.AL.Ganthimathi, Advocate sr.no.3426 +1cc to Government Pleader sr.no.3669 W.P. No.33231 of 2018 mg(co) nr 01/02/2019