Tamilthai,W/O.Jayachandran v. Tamil Nadu Housing Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE Mrs.JUSTICE J.NISHA BANU W.P.[MD].No.15656 of 2016 and W.M.P.(MD).Nos.11503 and 11504 of 2016 Tamilthai .. Petitioner Vs.
1.Tamil Nadu Housing Board, rep. by the Executive Engineer and Administrative Officer, Madurai Housing Unit, Ellis Nagar, Madurai.
2.Muthukumar ..
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 16.08.2016 issued by the 1st respondent herein and quash the same as arbitrary, unreasonable and against the Tamil Nadu Housing Board Act, 1961 and consequently forbear the 1st respondent from handing over the common pathway situated on the northern side of the shop No.1 and shop No.4, Tamil Nadu Housing Board, Shopping Complex, near 1st Millk Booth, Ellis Nagar, Madurai - 16 to the 2nd respondent.
For Petitioner : Mr.Y.Krishnan For 1st respondent : Mr.S.Nagarajan For 2nd respondent : Mr.J.Barathan for M/s.T.R.Jeyapalam
ORDER
[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Writ Petition challenging the order of the first respondent in Letter No.A3/736/15, dated 16.08.2016, wherein, the first respondent directed the petitioner to remove the portion of the land upon which she alleged to have been encroached upon. The challenge is mainly on the ground that there is violation of the principles of natural justice. According to the petitioner, a show cause notice, in this regard, https://hcservices.ecourts.gov.in/hcservices/
was issued by the first respondent, dated 18.07.2016 granting 30 days time to submit her explanation. But, even without expiry of 30 days time, the impugned order came to be passed. 2.The learned counsel for the first respondent would submit that the first respondent is prepared to give further opportunity to the petitioner, based on the above, the show cause notice dated 18.07.2016 and pass final order afresh. Thus, the first respondent has got no objection to quash the impugned order. 3.In view of the above position, this Writ Petition is allowed and the impugned order, dated 16.08.2016, is hereby quashed and the first respondent is directed to pass fresh order, after considering the explanation offered by the petitioner for the show cause notice dated 18.07.2016 and after affording sufficient opportunity to the petitioner. The said order shall be passed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Madurai Housing Unit, Ellis Nagar, Madurai.
+1 CC to M/s.Y.KRISHNAN, Advocate, SR No.64672 +1 CC to M/s.S.NAGARAJAN, Advocate, SR No.64831 +1 CC to M/s.T.R.JEYAPALAM, Advocate, SR No.65137 Order made in W.P.[MD].No.15656 of 2016 01.11.2016 gcg SH/SKS-RR/:08.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/