K.VasanthakumariW/o.Kanagaraj v. DirectorTamil Nadu Housing Board493
Case at a glance
Provisions considered
- Constitution of India art. 226
- Tamil Nadu Housing Board Act, 1961 s. 84(2)
- Tamil Nadu Act
Key paragraphs
- Para 88. Therefore, we make the following order: (i) Impugned communication being communication dated 03.09.2024 bearing Letter No.R4/02935A/2012 made by R3 is set aside on the basis of the stated position of learned Standing Counsel for TNHB about which there is allusion supra; (ii) Orders in…
Judgment
W.P.No.28084 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.07.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.28084 of 2024andW.M.P.No.30639 of 2024K.VasanthakumariW/o.Kanagaraj... Petitionervs.
The ChairmanTamil Nadu Housing BoardNandhanam, Chennai.
The Managing DirectorTamil Nadu Housing Board493, Anna Salai, Nandanam, Chennai.
The Executive Engineer and ADOTamil Nadu Housing BoardVillupuram Housing UnitEast Pondicherry RoadMaharajapuramVillupuram - 605 002. ... RespondentsPage Nos.1/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024 Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records in impugned order, Letter No.R4/02935A/2012 dated 03.09.2024 on the file of the 3rd respondent and quash the same. For Petitioner: Mr.S.C.VishwanthFor Respondents: Mr.D.VeerasekaranStanding Counsel*****
O R D E R[Order of the Court was made by M.SUNDAR J.]A 'communication dated 03.09.2024 bearing letter No.R4/02935A/2012 from R3' {hereinafter 'impugned communication' for the sake of brevity, convenience and clarity} has been assailed in the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity}.2. Mr.S.C.Vishwanth, learned counsel on record for writ petitioner and Mr.D.Veerasekaran, learned Standing Counsel for 'Tamil Nadu Housing Board' {'TNHB'} are before us. Page Nos.2/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 20243. A very fair stand taken by Mr.D.Veerasekaran, learned Standing Counsel for TNHB has made the legal drill at hand fairly simple.
Learned Standing Counsel for TNHB submitted that a notice under Section 84(2) of the Tamil Nadu Housing Board Act, 1961 (Tamil Nadu Act No.17 of 1961) {hereinafter 'TNHB Act' for the sake of brevity, convenience and clarity} being notice dated 25.07.2024 has been issued (this is in the nature of Show Cause Notice i.e., SCN) and the writ petitioner has responded to the same by way of a response dated 13.08.2024.
Scanned reproduction of 25.07.2024 SCN issued under Section 84(2) of TNHB Act and the writ petitioner's response to the same dated 13.08.2024 as placed before us are as follows: Page Nos.3/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024SCN dated 25.07.2024:Page Nos.4/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024 Response dated 13.08.2024:Page Nos.5/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024 Page Nos.6/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024 Page Nos.7/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024 Page Nos.8/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 20246. Mr.D.Veerasekaran, learned Standing Counsel submitted that the impugned communication can be dislodged (set aside) preserving liberty of TNHB to consider the writ petitioner's response and make an order in accordance with the machinery put in place vide Section 84 of TNHB Act. This is the reason why we open this order with observation that fair stand of learned Standing Counsel for TNHB has made the legal drill on hand fairly simple.
The impugned communication being dislodged / set aside necessarily means that the writ petitioner's certiorari is answered in the affirmative.
Therefore, we make the following order: (i) Impugned communication being communication dated 03.09.2024 bearing Letter No.R4/02935A/2012 made by R3 is set aside on the basis of the stated position of learned Standing Counsel for TNHB about which there is allusion supra; (ii) Orders in accordance with the machinery / legal architecture of Section 84 of TNHB Act shall be made by TNHB as expeditiously as the business of official respondents Page Nos.9/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024permits; (iii) Orders made in the aforesaid manner shall be communicated to the writ petitioner under due acknowledgement within seven working days from the date of the order; (iv) Coercive action, if any and if that be so, shall be subject to and depending on the order to be made in the aforesaid manner. Captioned WP disposed of in the aforesaid manner. As we have made it clear that coercive action, if any and if that be so, will be subject to / depending on the orders to be made and served on the writ petitioner, captioned Writ Miscellaneous Petition has become otiose and the same is closed. There shall be no order as to costs. (M.S.J.,)(H.C.J.,) 09.07.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking / Non-speakingmkPage Nos.10/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024To1.The ChairmanTamil Nadu Housing BoardNandhanam, Chennai. 2. The Managing DirectorTamil Nadu Housing Board493, Anna Salai, Nandanam, Chennai. 3. The Executive Engineer and ADOTamil Nadu Housing BoardVillupuram Housing UnitEast Pondicherry RoadMaharajapuramVillupuram - 605 002. Page Nos.11/12 https://www.mhc.tn.gov.in/judis W.P.No.28084 of 2024M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mkW.P.No.28084 of 202409.07.2025(2/2)Page Nos.12/12
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