Dismissed¶32

K. Kennedy Kumar v. The Revenue Officer

Madras HC13 Oct 2025WA/2270/2023

Case brief

AI extract

What is this about?

Writ Appeal W.A.No.2270 of 2023, Madras High Court, decided 13.10.2025; Tamil Nadu Housing Board eviction; death of original allottee in 2000; unauthorised/unlawful occupation without re-allotment; possession taken over 18.11.2022; writ appeal dismissed for default 14.10.2024; restoration petition; equality in illegality; no right to allotment; Clause 15 Letters Patent; W.P. No.20696 of 2011; C.M.P.No.19484 of 2023; appeal dismissed, no costs.

What did the court decide?

None to the appellant; writ appeal dismissed, connected miscellaneous petition closed, and no order as to costs. ¶32

K. Kennedy Kumar Vs The Revenue Officer — Madras HC (2025) — LawSathi Research

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W.A.No.2270 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.10.2025

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

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W.A.No.2270 of 2023 and

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C.M.P.No.19484 of 2023

K. Kennedy Kumar

... Appellant

Vs.

1.The Revenue Officer, Tamil Nadu Housing Board, No. 493, Anna Salai, Nandanam, Chennai - 35.

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2.The Chairman, Tamil Nadu Housing Board, No. 493, Anna Salai, Nandanam, Chennai - 35.

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3.The Executive Engineer Cum Administrative Officer, Tamil Nadu Housing Board,

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No. 493, Anna Salai, Nandanam, Chennai - 35.

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4.The Assistant Revenue Officer, Tamil Nadu Housing Board, No. 493, Anna Salai, Nandanam, Chennai - 35.

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5.The Junior Engineer, Tamil Nadu Housing Board, No. 493, Anna Salai, Nandanam, Chennai - 35.

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... Respondents

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Page 1 of 5

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

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W.A.No.2270 of 2023

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Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 05.07.2022 in W.P. No.20696 of 2011.

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For Appellant : Mr.D.Yogeswaran For Respondents : Mr.D.Veerasekaran, Standing Counsel

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JUDGMENT

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(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J. )

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Under assail is order dated 05.07.2022 passed in W.P. No.20696 of

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The facts in brief would show that the father of the appellant was the original allottee in respect of the house allotted by the Housing Board. The original allottee died in the year 2000. Subsequently, the appellant continued to be in possession without any re-allotment order and therefore, the occupation of the appellant was construed as unlawful. The Housing Board initiated action and evicted the appellant from the house. As per the resolution of the Housing Board, after the death of the original allottee, the house is to be handed over to the Housing Board for reallotment. In the present case, the appellant continued illegally and thus, eviction proceedings were initiated.

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Page 2 of 5

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

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W.A.No.2270 of 2023

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Learned standing counsel for the Housing Board would submit that possession had been taken over by the Housing Board on 18.11.2022 and subsequently, writ appeal was dismissed for default on 14.10.2024. Now, the restoration petition has been instituted.

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Since the Tamil Nadu Housing Board had taken possession on the ground that the appellant is an unlawful occupant, there is no need to entertain the present writ appeal as the cause did not exist. More over, learned counsel for the appellant would submit that other similarly placed persons continue to be in possession. In this regard, the writ Court has made an observation that there cannot be equality in illegality and no one can claim allotment as a matter of right. This Court does not find any infirmity in respect of the said finding. Accordingly, the writ appeal is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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[S.M.S., J.] [M.S.Q., J.] 13.10.2025

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mmi

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Page 3 of 5

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

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W.A.No.2270 of 2023

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