Petitioner sought allotment or sale of a vacant plot via writ petition. Court noted the plots were earmarked for commercial auction. Petitioner reserves right to participate in early auction. Petition disposed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2017
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
W.P.NO.42637 OF 2016
1 E.Kannadasan [ PETITIONER ]
Vs
Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondents to consider and pass orders on the petitioner's representations dated 19.10.2016 and 09.11.2016 submitted with reference to allotment or sale of the vacant plot of land bearing Plot No.13/A, Block No.1, Mogappair West Scheme, Tamil Nadu Housing Board, J.J.Nagar West, Mogappair, Chennai 600 037 in favour of the petitioner within a time fixed by this court.
For Petitioner : Mr.V.Lakshminarayanan for Mr.R.Vasudevan
For Respondents : Mr.P.V.Selvakumar for R1 Additional Government Pleader Mr.V.Anandamoorthy for R2 and R3
ORDER
This writ petition is filed to direct the respondents to consider and pass orders on the petitioner's representations dated 19.10.2016 and 09.11.2016 submitted with reference to allotment or sale of the vacant plot of land bearing Plot No.13/A, Block No.1, Mogappair West Scheme, Tamil Nadu Housing Board, J.J.Nagar West, Mogappair, Chennai 600 037 in favour of the petitioner within a time fixed by this court.
2.According to the petitioner, he made representation dated 19.10.2016 and 09.11.2016 seeking a request to allot or sell the piece of land in his favour on payment of sale consideration fixed by the Tamilnadu Housing Board, which has not yet been considered. Hence, the present writ petition.
3.Heard both sides.
4.Today when the matter is taken up, learned counsel for the respondent produced a report stating that even as early as on 24.10.2016, it was clearly stated that adjacent plots were earmarked as commercial plots and allotment will be made only by auction after completing due process and further that if the petitioner wants to purchase the said commercial plot, he can participate in the auction as the Board conduct the auction. At the same time, he also submitted that auction should be held as early as possible.
5.Recording the above statement, the petitioner reserves right to participate in the auction and the auction should be held as early as possible. The writ petition is disposed of accordingly. No costs.
Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
To
Rep. By its Secretary to Government, Tamil Nadu Housing Board & Urban
Chennai 600 009.
Mogappair Division, No.493, Anna Salai, Nandanam, Chennai 600 035.
3 The Executive Engineer, Tamilnadu Housing Board, Mogappair Division, Chennai 600 101.
+1cc to Mr. R. Vasudevan, Advocate Sr. 4255
+1cc to Mr. V. Anandha Murthy, Advocate Sr. 4330 +1cc to the Govt. Pleader, Sr. 4351 W.P.No.42637 of 2016 EV(CO) VR(17/02/2017)
1 issue framed by the court
Whether the writ petition for allotment or sale of a vacant plot needs to be disposed of after the authorities state that the plot is earmarked for commercial auction.
E. Kannadasan
The State of Tamilnadu
Tamilnadu Housing Board
The Executive Engineer, Tamilnadu Housing Board
B. Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
