Petitioners approached the Court for a writ of mandamus to allot a plot in the Maraimalai Nagar Housing Scheme. The Court dismissed the petitions, holding that the petitioners had no legal right to an allotment and had already approached the consumer forum without success.
None. The writ petitions were dismissed and no costs were awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.Nos.14985 & 14986 of 2020
S.Sivaraj, S/o.Sivapanchanathan. ...Petitioner in W.P.No.14985/2020 S.Chitra Devi, W/o.Krishnamoorthy. ...Petitioner in W.P.No.14986/2020 Vs. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. ...Respondent
COMMON PRAYER: Writ Petitions filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the respondent herein to allot any plot in Maraimalai Nagar Allotment Scheme or any other available plots within the same range to the petitioners herein, within a time frame as fixed by this Court.
(in both Writ Petitions) For Petitioner : Ms.Vasugi Ramanan For Respondents : Mr.Tamilmani Standing Counsel (CMDA) O R D E R
These writ petitions have been filed for the issue of Writ of Mandamus directing the respondent to allot a plot to the petitioners in Maraimalai Nagar Housing Scheme, pursuant to the representation made by the petitioners.
2.Heard Ms.Vasugi Ramanan, learned counsel appearing on behalf of the petitioners and Mr.Tamilmani, learned standing counsel appearing on behalf of respondent.
3.In the considered view of this Court, the petitioners do not have any right to get a plot allotted in their favour. In the absence of a legal right, this Court cannot issue a writ of mandamus. That apart, the petitioners have already approached the consumer forum and the State Consumer Commission by an order dated 27.02.2018, made in F.A.185 of 2013, has rejected a similar claim that was made by the petitioner. The petitioners having approached the consumer forum and failed have now chosen to approach this Court by way of filing writ petitions.
4.In the considered view of this Court, there is absolutely no merit in these writ petitions and accordingly these writ petitions are dismissed. No costs. Sd/Assistant Registrar(CS-II) // True Copy// Sub Assistant Registrar Rm To The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
W.P.No.14985 & 14986 of 2020
MG(CO) KKV/11/12/2020
1 issue framed by the court
Whether the Court can direct the respondent to allot a plot in the Maraimalai Nagar Housing Scheme to the petitioners via a writ of mandamus.
1 provisions across 1 enactments
S.Sivaraj
S.Chitra Devi
The Member Secretary, Chennai Metropolitan Development Authority
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
