Madras High CourtWP(MD)/258/2016disposed of

Dhavamani, S/O. Sakkaiah v. The Estate Officer,

2017-11-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.258 of 2016 Dhavamani ... Petitioner Vs.

The Estate Officer SIDCO Industrial Estate, Theni at Madurai.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to allot the house, in which the petitioner's residing at Plot No.3, Industrial Estate Colony, Madurai Road, Theni, Theni District to the petitioner, by considering his 32 years residence in the same based on the petitioner's representation dated 28.10.2015 in the light of G.O.Ms.No.128, dated 24.03.1997. For Petitioner : Mr.P.Sivachandran For Respondent : Mr.K.P.Krishnadoss *****

O R D E R

By consent, this writ petition itself is taken up for final disposal.

2. Heard the learned Counsel on either side.

3. The case of the petitioner is that the petitioner was allotted with a house bearing Plot No.3, by the respondent through his proceedings dated 02.12.1999. According to him, now the authorities are attempting to sell the same and as he is residing there for more than 32 years, he may be given preference, at the time of selling of the house as per G.O.Ms.No.128, dated 24.03.1997 of the Housing and Urban Development Department. Therefore, the petitioner has submitted a representation dated 28.10.2015 to the respondent expressing his willingness to purchase the house. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Counsel appearing for the respondent would submit that if a reasonable time is granted to him, appropriate

orders will be passed on the representation of the petitioner dated 28.10.2015.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondent to consider the representation of the petitioner dated 28.10.2015 and pass suitable orders thereon, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of, as above. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To The Estate Officer SIDCO Industrial Estate, Theni at Madurai.

+One cc to Mr.P.Sivachandran, Advocate, SR.No.87684 rm RL/3C/2P/JC/SAR4/5/12/2017 W.P(MD)No.258 of 2016 15.11.2017 https://hcservices.ecourts.gov.in/hcservices/