S.Babu v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR WP(MD)No.8936 of 2026 and W.M.P(MD)No.7186 of 2026 S.Babu .. Petitioner - Vs. -

1. The Commissioner, Srivilliputtur Municipality, Srivilliputtur.

2. The Director, Office of Municipal Administration, Chepauk, Chennai - 5.

3. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.

.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd respondent to grant permission to the 1st respondent for selling the house bearing Door No.5, Majeeth Nagar, Srivilliputtur, to the petitioner forthwith as done by the 1st respondent in G.O.Rt.No.1745 Rural Development and Local Administration Department 1/5

6.9.1979 and further direct the 1st respondent to execute the sale deed in favour of the petitioner in the light of the order passed in W.P(MD) No.687 of 2010 dated 10.02.2017.

For Petitioner : Mr.R.J.Karthick For R1 : Mr.P.Srinivas For R2 & R3 : Mr.P.Subbaraj Special Government Pleader

ORDER

The petitioner seeks for a direction to the 3rd respondent to grant permission to the first respondent for selling the house bearing Door No.5, Majeeth Nagar, Srivilliputtur.

2. Similarly placed persons had approached this Court in W.P(MD)No.687 of 2010 and the co-ordinate Bench of this Court, vide order dated 10.02.2017, directed the third respondent to consider a similar representation made by the writ petitioner therein and the respondents were directed not to disturb the possession of the writ petitioner therein till the disposal of the application for allotment.

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3.The petitioner was allotted house bearing No.5 in which he continues to reside till date on monthly rental basis.

4. The petitioner had applied to the first respondent under low income group scheme seeking for allotment of the said house in his favour. The petitioner prays that he is entitled for allotment of the said house under the low income group housing scheme. In the light of the order passed by the coordinate Bench of this Court in identical circumstances, this petition is also disposed of in terms of the said order.

5. The third respondent is hereby directed to consider the representation dated 23.03.2026 on its own merits and pass appropriate orders in accordance with law within a period of three(3) months from the date of receipt of a copy of this order. Till consideration of the said representation, the respondents shall not disturb with the petitioner's possession.

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6. With the above observation, this Writ Petition stands allowed. No Costs. Consequently, connected miscellaneous petition is closed.

01.04.2026 Internet :Yes/No Index :Yes/No NCC :Yes/No PJL To

1. The Director, Office of Municipal Administration, Chepauk, Chennai - 5.

2. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.

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HEMANT CHANDANGOUDAR,J PJL

ORDER

IN WP(MD) No.8936 of 2026 Date : 01.04.2026 5/5