V.Lakshmi vs The Tamil Nadu Housing Board
2021 Latest Caselaw 2793 Mad

                                                                              WA.No.60 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.02.2021

                                                       CORAM :

                              The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
                                                        AND
                            The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                                W.A.No.60 of 2021
                                             and C.M.P.No.537 of 2021


                     V.Lakshmi                                              .. Appellant

                                                         -vs-

                     1.The Tamil Nadu Housing Board,
                       Rep. by its Managing Director,
                       Nandanam, Chennai 600 035.

                     2.The Executive Engineer cum
                        Executive Officer,
                       The Tamil Nadu Housing Board,
                       Mogappair Division, TNHB,
                       Thirumangalam, Chennai-1.

                     3.The Inspector of Police,
                       T-3, Korattur Police Station,
                       Korattur, Chennai-80.                                .. Respondents


                               Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 08.09.2020 passed in W.P.No.12280 of 2020 on the file of
                     this Court.


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                             WA.No.60 of 2021




                                   For Appellant          : Mr.N.A.Nissar Ahmed

                                   For Respondents        : Mr.R.Bharath Kumar


                                                     JUDGMENT

(Delivered by Senthilkumar Ramamoorthy, J.)

The appellant seeks to protect her possession as regards the

property in Survey No.253/2.

2.The learned Standing Counsel appearing for the Tamil Nadu

Housing Board has filed an affidavit affirmed by Mr.K.Ravichandran,

the Executive Engineer of the Tamil Nadu Housing Board, Anna Nagar

Division, Chennai, stating that the Housing Board did not make any

attempt to interfere with the possession as regards S.No.253/2. He

further submits that the appellant should not disturb the possession or

encroach upon the lands in the adjoining survey numbers.

3.The statement of the Housing Board that no attempts are

being made to dispossess the appellant from S.No.253/2 is recorded.

In view thereof, without expressing an opinion on the merits of the

https://www.mhc.tn.gov.in/judis/ WA.No.60 of 2021

dispute, the order of the Writ Court is set aside and the writ appeal,

W.A.No.60 of 2021, is disposed of by also recording the undertaking

that the appellant shall not encroach upon any of the adjoining survey

numbers. It is open to the appellant to initiate appropriate legal

proceedings in accordance with law, if she intends to claim damages

from the Tamil Nadu Housing Board. No costs. Consequently,

C.M.P.No.537 of 2021 is closed.

                                                                (S.B., CJ.)      (S.K.R., J.)
                                                                          05.02.2021

                     Index         : Yes/No

                     sra


                     To

1.The Tamil Nadu Housing Board, Rep. by its Managing Director, Nandanam, Chennai 600 035.

2.The Executive Engineer cum Executive Officer, The Tamil Nadu Housing Board, Mogappair Division, TNHB, Thirumangalam, Chennai-1.

3.The Inspector of Police, T-3, Korattur Police Station, Korattur, Chennai-80.

https://www.mhc.tn.gov.in/judis/ WA.No.60 of 2021

The Hon'ble Chief Justice and Senthilkumar Ramamoorthy, J.

(sra)

W.A.No.60 of 2021

05.02.2021

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