Dismissed

Dr. R.Baskaran ., Phd., I.A.S (Rtd) v. the Principal Secretary

Madras HC13 Sept 2023WP/26651/2023

Case brief

AI extract

What is this about?

A retired civil servant challenged the non-allotment of a housing flat, seeking a writ to quash the allotment letter and direct allotment. The Court refused to mindlessly extend writ jurisdiction to run the Government, noting the petitioner did not fall within allotment norms.

What did the court decide?

Writ Petition dismissed as withdrawn; connected miscellaneous petitions closed.

Dr. R.Baskaran ., Phd., I.A.S (Rtd) Vs the Principal… — Property and Title | Madras HC (2023)

¶1

W.P.No.26651 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 13.09.2023

¶4

CORAM: JUSTICE N.SESHASAYEE

¶5

WP.No.26651 of 2023 & W.M.P.Nos.26085 & 26086 of 2023

Dr.R.Baskaran

...Petitioner

-Vs-

1.The Principal Secretary to Government, Housing and Urban Development Department, Tamil Nadu State Secretariat, Fort, St., George, Chennai.-600 009.

¶10

The Secretary, Public (Special B) Department, Tamil Nadu State Secretariat, Fort, St.George, Chennai-600 009.

¶11

The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai-600 107. ...Respondents

¶12

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Letter of the Third Respondent bearing Letter No. Allot 1.6/01045/2023 dated 27.03.2023 and to quash the same, consequently direct the Respondents to take necessary action to allot the unsold Flat No: A1, Block "P", on the First Floor in TAISHA, PHASE-

¶13

https://www.mhc.tn.gov.in/judis 1/4

¶14

W.P.No.26651 of 2023

¶15

II, Nerkundram project, to the petitioner within a stipulated time fixed by this Hon'ble Court.

¶16

Petitioner : Mr.I.Prakash Raj R1 & R2 : Mr.G.Ameedias Government Advocate R3 : Mr.D.Veerasekaran

¶17

ORDER

¶18

The petitioner is a retired civil servant and recommends a modification to

¶19

the scheme promoted by the Tamil Nadu Housing Board for allotment to certain class of people. This is entirely within the province of Tamil Nadu Housing Board and the Tamil Nadu Housing Board has intimated the petitioner that notwithstanding the class of people to which it intended the scheme before, it has recommended the case of the petitioner to the Government and it is pending before the Government.

¶20

2.Mr.G.Ameediam, learned Government Advocate takes notice for the respondents 1 and 2.

¶21

3.Mr.D.Veerasekaran, learned counsel takes notice for the third respondent.

¶22

2/4

¶23

https://www.mhc.tn.gov.in/judis 2/4

¶24

W.P.No.26651 of 2023

¶25

4.This court is at a loss to understand what role it has vis-a-vis its

¶26

jurisdiction under Article 226. This court wonders how this court can direct the Tamil Nadu Housing Board to allot an apartment, when the petitioner does not fall within the norms fixed for the allotment. What is unconstitutional about it, to invoke the jurisdiction of this Court, they have to fall within the counters of Article 226 and this Court cannot mindlessly extend the scope of the writ jurisdiction to accommodate every grievance of every litigant. This Court adjudicates on the rights and duties of the litigants and is not running the Government.

¶27

5.At this point, the learned counsel for the petitioner seeks the leave of the Court to withdraw this Petition and states that his client would wait for the decision of the Government.

¶28

6.The Writ Petition is dismissed as withdrawn. Consequently, the connected miscellaneous petitions are closed. No costs.

¶29

13.09.2023

¶30

Index : Yes/No Internet : Yes/No Tsg/gvn

¶31

3/4

¶32

https://www.mhc.tn.gov.in/judis 3/4

¶33

W.P.No.26651 of 2023

¶34

N.SESHASAYEE, J.,

¶35

Tsg/gvn

¶36

¶37

1.The Principal Secretary to Government, Housing and Urban Development Department, Tamil Nadu State Secretariat, Fort, St., George, Chennai.-600 009.

¶38

The Secretary, Public (Special B) Department, Tamil Nadu State Secretariat, Fort, St.George, Chennai-600 009.

¶39

The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai-600 107.

¶40

Order made in WP.No.26651 of 2023 & W.M.P.Nos.26085 & 26086 of 2023

¶41

13.09.2023

¶42

https://www.mhc.tn.gov.in/judis 4/4

¶43

4/4

Dr. R.Baskaran ., Phd., I.A.S (Rtd) v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Dr. R.Baskaran ., Phd., I.A.S (Rtd) v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

D.Arunrajan Vs Indian Oil Corporation Limited

Manoj Lingam Vs the Regional Passport Officer

Enkay Textile Vs the Chairman

Jr Medical College and Hospital, Vs Union of India

Murugesan Vs the District Collector

A.G.Sridaran Vs the Rent Authority Officer