Mrs.P.Jayakumari, v. The Principal Secretary to
Case brief
What is this about?
Petitioner, a tenant of government quarters, challenged a government order directing her to vacate for multi-level apartment construction which was in the public interest. Court found alternate accommodation provided and dismissed the plea as unsustainable, holding the order cannot be quashed to stall a public project.
What did the court decide?
The writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.12.2018
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
W.P. No.22950 of 2018 and W.M.P.Nos.26844 & 26845 of 2018
P. Jayakumari .. Petitioner
versus
1. The Principal Secretary to Government,
Housing & Urban Development (HB5(2) Department),
Secretariat,
Fort St. George, Chennai -9.
2. Tamilnadu Housing Board,
Rep. By its Principal Secretary/Managing Director,
Nandanam,
Chennai – 600 035.
3. The Executive Engineer cum Executive Officer,
Tamilnadu Housing Board,
C.I.T. Nagar, Division,
Chennai – 600 017. .. Respondents
PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the first respondent under G.O.Ms.No.21 dated 29.01.2013 together with the consequential notices issued to the petitioner by the third respondent under letter No.GRS3/13211/2018-29 (464-B-AO9606-B-B29) dated 05.06.2018 and quash the same.
For Petitioner : Mr.R.Ramanlaal For R1 : Mr.V.Shanmugasundar Special Government Pleader
For RR2 & 3 : Mr.V.Anandhamurthy, Standing Counsel for TNHB
Issues for consideration
2 issues framed by the court
Whether the High Court should issue a writ of certiorari to call for records and quash notices calling upon a government quarters tenant to vacate premises for public interest construction.
Whether the petitioner is entitled to objection to the quashing of the government order for eviction given the provision of alternate accommodation and the public necessity of the project.
Parties & counsel
- petitioner
P. Jayakumari
- respondent
The Principal Secretary to Government, Housing & Urban Development (HB5(2) Department), Secretariat, Fort St. George, Chennai -9
- respondent
Tamilnadu Housing Board
- respondent
The Executive Engineer cum Executive Officer, Tamilnadu Housing Board
Coram
Case details
As recorded by the court registry
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