The Madurai Bench dismissed the Writ Appeal preferring an order quashing proceedings and directing allotment of a specific house. The Court held the house does not fall under the discretionary quota but belongs to the open category requiring auction.
Writ Appeal dismissed with no costs and connected Misc. Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017
CORAM THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
W.A.(MD)No.320 of 2014 M.P.(MD) No.2 of 2014
S.K.Sankar ... Appellant/Petitioner
Vs.
1.State of Tamil Nadu represented through its Secretary, Tamil Nadu Housing and Urban Development Department, Fort St. George, Chennai - 600 009. 2.The Assistant Secretary, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035. 3.The Executive Engineer/Administrative Officer, Tamil Nadu Housing Board, Ellis Nagar, Madurai. ... Respondents/Respondents
Writ Appeal filed under Clause 15 of Letter Patent against the order passed by this Court in W.P.(MD)No.846 of 2007 dated 12.02.2013.
Prayer in WP(MD). 846/ 2007 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceedings letter no. 2(1)57103/01 dated 26/12/2006 quashs the proceedings of the 2nd respondent and direct the 2nd respondent to allot Model House No. 2, Anna Nagar, Madurai to the petitioner.
For Appellant : Mr.R.G.Shankar Ganesh
For 1st Respondent : Mr.M.Murugan Government Advocate
For Respondents 2 & 3: Mr.S.Nagarajan
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JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J)
The writ appeal is preferred against the order of the learned Single Judge dated 12.02.2013, passed in W.P.(MD) No.846 of 2007, by which the learned Single Judge dismissed the writ petition holding that the allotment of specific house is not feasible for consideration as it does not fall under the Government Discretionary quota.
2.Heard the learned counsel for the appellant, learned Government Advocate for the 1st respondent and the learned counsel for the respondents 2 and 3.
3.The learned counsel for the appellant has made reliance on the Government Order in G.O.Ms.No.88 Housing and Rural Development (H.D.4(2)) dated 20.05.2003 and submitted that the said G.O. provides for discretionary quota for social worker.
4.Apart from the fact that the said G.O. has been withdrawn subsequently, it does not give any right to any particular property. The specific house, for which request has been made, does not fall within the Government Discretionary quota, in other words, it is earmarked for the open category. Therefore, the petitioner can get the specific house under open auction method. In such view of the matter, we do not find any merit in the appeal.
5.Accordingly, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/Assistant Registrar(RTI)
/ True Copy /
Sub Assistant Registrar(C.S.)
To
The Secretary,
Tamil Nadu Housing and Urban Development Department, State of Tamil Nadu, Fort St. George, Chennai - 600 009.
+1cc to M/S.S.NAGARAJAN, Advocate SR.No.66781
+1cc to Special Government Pleader, SR.No. 67120
sj
MAS/SKN-RSK/SAR1:02.08.2017:2P-4C
W.A.(MD)No.320 of 2014
M.P.(MD) No.2 of 2014 20.07.2017
2 issues framed by the court
Whether the petitioner is entitled to a specific allotment of a model house under the discretionary quota for social workers.
Whether the Government Order No.88 provides a right to a specific property.
S.K.Sankar
State of Tamil Nadu
The Assistant Secretary, Tamil Nadu Housing Board
The Executive Engineer/Administrative Officer, Tamil Nadu Housing Board
M.Murugan
S.Nagarajan
M.M.Sundresh
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
