A.Ponshanthi v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16396 of 2019 and W.M.P(MD).No.13060 of 2019 A.Ponshanthi
...Petitioner
-Vs1.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai.
2.The Executive Engineer-cum-Administrative Officer, Tirunelveli Housing Unit, Kamarajar Salai, Anbu Nagar, Tirunelveli.
...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to allot the plot No.MIG C 370 in Sangaraperi Small and Medium Town, Tuticorin District Housing, based on the letter No.R4/3336/11 dated 03.11.2011 and deliver possession within the time period stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.Mohamed Athiff Standing counsel
ORDER
The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to allot the plot No.MIG C 370 in Sangaraperi Small and Medium Town, Tuticorin District Housing, based on the letter No.R4/3336/11 dated 03.11.2011 and deliver possession, within the time period stipulated by this Court.
2.Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.Mohamed Athiff, learned Standing counsel appearing for the respondents.
3.With the consent of both sides, this writ petition is being disposed of at the admissions stage itself.
https://hcservices.ecourts.gov.in/hcservices/ 4.It is the grievance of the petitioner that though the plot has been allotted by the respondents to the petitioner, there had
been some default in making payment and subsequently, it is the stand of the petitioner that she is ready and willing to make the entire payment with additional cost, if any, demanded by the respondents, on receipt of such amount, she wants restoration of the allotment and in this regard, the petitioner has given a representation, dated 11.06.2018. All that the learned counsel for the petitioner wants to decide the said representation on merits, within a time limit.
5.I have heard the learned Standing Counsel appearing for the respondents, who would submit that, the said representation of the petitioner would be decided on merits and in accordance with law, within a time limit to be stipulated by this Court. 6.Considering the limited scope of the prayer sought for herein, this Court is inclined to dispose of this writ petition with the following directions:- "that the respondents are hereby directed to consider the representation of the petitioner, dated 11.06.2018 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving opportunity of being heard the petitioner." No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai.
2.The Executive Engineer-cum-Administrative Officer, Tirunelveli Housing Unit, Kamarajar Salai, Anbu Nagar, Tirunelveli.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate SR-77206 +1 CC to M/s.M.MAHABOOB ATHIFF, Advocate SR-77482 Order made in W.P.(MD)No.16396 of 2019 Dated:
23.07.2019 rmk JM/13.09.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/