Madras High Court
K.Mani vs The Secretary on 12 July, 2022
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No.30316 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2022
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.30316 of 2011
and WMP Nos.1 & 2 of 2011
K.Mani ... Petitioner
Vs.
1.The Secretary,
Tamil Nadu Housing Board,
493, Anna Salai,
Chennai – 600 035.
2.The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
493, Anna Salai, Nandanam,
Chennai – 600 035.
3.The Revenue Officer,
Tamil Nadu Housing Board,
493, Anna Salai, Nandanam,
Chennai – 600 035. ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, to call for the records
pertaining to the Execution Order/Proceedings of the 3 rd respondent in
A.Va.B.3/49012/A/2011 dated 29.11.2011 and quash the same.
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.30316 of 2011
For Petitioner : Mr.M.Ramadoss
For Respondents : Mr.D.Veerasekaran
Standing Counsel
ORDER
This writ petition was filed challenging the impugned proceedings of the 3rd respondent dated 29.11.2011, wherein, the allotment that was issued in favour of the petitioner was cancelled and the petitioner was directed to vacate and handover the premises.
2.Heard Mr.M.Ramadoss, learned counsel appearing on behalf of the petitioner and Mr.D.Veerasekaran, learned Standing Counsel appearing on behalf of the respondents.
3.The 1st respondent has filed a counter affidavit and the relevant portions in the counter affidavit are extracted hereunder:
3.I respectfully submit that the rental allottee, Thiru.K.Mani was expired on 09.08.2015 and the premises bearing RA-5, Lloyds Colony, Royapettah, Chennai was handed over to Tamil Nadu Housing Board by his wife, Tmt.M.Dharanidevi on 23.02.2016 on payment of arrear rent of 2/4 https://www.mhc.tn.gov.in/judis W.P.No.30316 of 2011 Rs.22,800/- vide Receipt No.C!-54286, dated 03.11.2015.
4.Further I respectfully submit that the Flat bearing No.RA-
5, Lloyds Colony, Royapettah, Chennai was re-allotted to another one, Tmt.S.Devi, Assistant, High Court, Madras vide Allotment Order ROC No.1325-B/2016/04, dated 22.03.2017.
4.It is clear from the above that the petitioner expired during the year 2015 and the premises has been already handed over to the Housing Board by the wife of the petitioner and the flat has also been reallotted in favour of the some other person.
5.In view of the above, nothing survives in this writ petition and accordingly, the same is closed. No Costs. Consequently, connected miscellaneous petitions are closed.
12.07.2022
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order ssr 3/4 https://www.mhc.tn.gov.in/judis W.P.No.30316 of 2011 N. ANAND VENKATESH, J.
ssr To
1.The Secretary, Tamil Nadu Housing Board, 493, Anna Salai, Chennai – 600 035.
2.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai – 600 035.
3.The Revenue Officer, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai – 600 035.
W.P.No.30316 of 2011and WMP Nos.1 & 2 of 2011 12.07.2022 4/4 https://www.mhc.tn.gov.in/judis