Madras High CourtWP(MD)/2851/2022disposed of

Franklin .E v. The Chairman

2022-02-11Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.2851 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.2851 of 2022 E.Franklin ... Petitioner vs.

1.The Chairman, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambeddu, Chennai - 600 107.

2.The Executive Engineer, Tirunelveli Housing Unit, 17D "C"Colony, Perumalpuram, Tirunelveli - 627 007.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 05.08.2021 seeking to allot a plot in V.M.Chatram Stage III Project Area in lieu of compensation for the petitioner's land in Plot No.6, Kumarapuram Colony situated in S.No.35/1B, V.M.Chatram Village, Palayamkottai Taluk, Tirunelveli District, Now "Block No.22, New S.No.249, Old S.No.35/1B, Ward BQ, Palayamkottai Town and Taluk, Tirunelveli District.

For Petitioner :Mr.R.J.Karthick For Respondents :Mr.Mahaboob Athiff *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representation, dated 05.08.2021 seeking to allot a plot in V.M.Chatram Stage III Project Area in lieu of compensation for the petitioner's land in Plot No.6, Kumarapuram Colony situated in S.No.35/1B, V.M.Chatram Village, Palayamkottai Taluk, Tirunelveli District, Now "Block No.22, New S.No.249, Old S.No.35/1B, Ward BQ, Palayamkottai Town and Taluk, Tirunelveli District, and pass orders within a time frame to be fixed by this Court. 2.Heard Mr.R.J.Karthick, learned Counsel for the petitioner and Mr.Mahboob Athiff, learned Standing Counsel, who takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

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W.P.(MD)No.2851 of 2022 3.The learned Standing Counsel for the respondents has placed before this Court, an order, dated 09.02.2022, under which, the petitioner's representation, dated 05.08.2021 referred to supra, has been rejected. The said letter, dated 09.02.2022 is recorded. 3.Therefore, the only remedy available to the petitioner is to challenge the order, dated 09.02.2022 passed by the first respondent rejecting the petitioner's representation for grant of a plot in lieu of compensation in the manner known to law. 4.Accordingly, this Writ Petition is disposed of granting liberty to the petitioner to challenge the order dated 09.02.2022 passed by the first respondent in the manner known to law. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Chairman, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambeddu, Chennai - 600 107.

2.The Executive Engineer, Tirunelveli Housing Unit, 17D "C"Colony, Perumalpuram, Tirunelveli - 627 007.

Order made in W.P.(MD)No.2851 of 2022 11.02.2022 svn(CO) TR(23.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2