Writ petition filed under Article 226 seeking direction to respondents to act against illegal conversion of land. Court noted the land was reclassified by Gazette notification and dismissed the petition, allowing challenge to the notification.
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W.P.No.26205 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.26205 of 2023
M/s.Tamilnadu Housing Board Resident Welfare Association Regn.No.359/1996 Represented by its Authorized Signatory K.M.Thangaraj HIG Block, TNHB Colony Velachery, Chennai 600 042. ...Petitioner
Vs.
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W.P.No.26205 of 2023
4.Tamilnadu Housing Board, Represented by its Executive Engineer & Administrative Officer, Besant Nagar Division, No. 48, Muthulakshmi Salai, Adyar, Chennai – 600 020.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to consider the representation of the petitioner dated 28.06.2023 and pass orders illegal conversion of the lands in R-79, Velachery TNHB and take appropriate steps to ensure the site in Plot No.79 maintained as Nursery School Site and used only for the school and educational institutional purposes.
For Petitioner : Mr.N.Baaskaran For Respondents : Mr.Y.Bhuvanesh Kumar for R1 Standing Counsel (CMDA)
Mr.D.B.R.Prabhu for R2 Standing Counsel (GCC)
Mr.D.Veerasekaran for R3 Standing Counsel (TNHB)
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W.P.No.26205 of 2023
O R D E R
The petitioner herein seeks a direction to the respondents 1 to 4 to
consider his representation dated 28.06.2023 and pass necessary orders for taking action against illegal conversion of land in R-79, Velachery TNHP.
2. When the matter is taken up for hearing, the learned counsel for the first respondent brought to the notice of this Court that land in question has already been reclassified as residential use zone by Gazette Notification dated 22.07.2021. Therefore the prayer sought for by the petitioner cannot be granted. However, it is open to the petitioner to challenge the Gazette notification in the manner known to law.
3. Accordingly, this Writ Petition stands dismissed with the aforesaid liberty. No costs.
07.09.2023
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No dna
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W.P.No.26205 of 2023
S.SOUNTHAR, J. dna
To
W.P No.26205 of 2023
07.09.2023
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1 issue framed by the court
Whether the writ petition for mandamus directing action against illegal conversion of land is maintainable after the land was reclassified by Gazette notification.
M/s.Tamilnadu Housing Board Resident Welfare Association
The Chennai Metropolitan Development Authority
The Commissioner, Corporation of Chennai
Tamilnadu Housing Board
A.Pandurangan
S.SOUNTAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
