Sree Periya Mariamman Alaya ... vs The Tamil Nadu Housing Board
2023 Latest Caselaw 479 Mad

                                                                      CMP No.17301 of 2022 &
                                                                     W.A.No.SR 64140 of 2022




                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 09.01.2023

                                                       CORAM

                                     THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE

                                                        AND

                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                CMP No.17301 of 2022
                                                          &
                                           Writ Appeal No.SR 64140 of 2022

                     Sree Periya Mariamman Alaya Arakattalai
                     Rep. by its Managing Trustee
                     Royakottai Road (Near Flyover)
                     Melputhur, Kattikanapalli                               Petitioner/
                     Krishnagiri 635 001.                            ..      Appellant

                                                         Vs.

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

                     2. The Executive Officer
                        Tamil Nadu Housing Board
                        Bagalur Road, Hosur
                        Krishnagiri District.

                     3. The Executive Engineer (Head Quarters)
                        Tamil Nadu Housing Board
                        439, Anna Salai                                      Respondents/
                        Nandanam, Chennai 600 035.                   ..      Respondents

                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                             CMP No.17301 of 2022 &
                                                                            W.A.No.SR 64140 of 2022




                     Prayer: Petition under Section 5 of the Limitation Act to condone the
                     delay of 83 days in filing the appeal against the order dated
                     20.12.2021 made in W.P.No.8740 of 2017; and


                                  (ii) Writ Appeal SR filed under Clause 15 of Letters Patent
                     against the order dated 20.12.2021 made in W.P.No.8740 of 2017.




                                       For the Petitioner/       : Mr.S.Thirumavalavan
                                       Appellant

                                       For the Respondents/      : Mr.D.Veerasekaran
                                       Respondents                 Standing Counsel



                                                             JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice)

This petition has been filed to condone the delay of 83 days in

filing the appeal against the order dated 20.12.2021 made in

W.P.No.8740 of 2017.

2. Learned counsel appearing for the petitioner would submit

that after the order dated 20.12.2021 was passed in W.P.No.8740 of

https://www.mhc.tn.gov.in/judis CMP No.17301 of 2022 & W.A.No.SR 64140 of 2022

2017, bona fide steps were taken to file the appeal and in the

meanwhile, the delay of 83 days has occurred, which is neither wilful

nor wanton.

3. In reply, learned Standing Counsel appearing for the

respondent Board submitted that the encroachment made by the

petitioner in Plot No.3A, Housing Colony, Kattikanapalli Village,

Krishnagiri Taluk, was removed and the possession was handed over to

one N.Ramachandran, the successful bidder. He further submitted that

as per the Board norms, commercial plots have to be allotted only

through public auction and accordingly, auction was conducted in the

year 2017, in which, one Ramachandran was declared as the

successful bidder and accordingly, he has been handed over with the

possession of the plot in question.

4. In view of the aforesaid submissions, no purpose would be

served in condoning the delay of 83 days in filing the appeal. Thus, we

do not find any merit in this petition to condone the delay of 83 days in

https://www.mhc.tn.gov.in/judis CMP No.17301 of 2022 & W.A.No.SR 64140 of 2022

filing the appeal and accordingly, it is dismissed. Consequently, the

writ appeal is rejected at the SR stage.

                                                                 (T.R., ACJ.)   (D.B.C., J.)
                                                                         09.01.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     kpl

                     To

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

2. The Executive Officer Tamil Nadu Housing Board Bagalur Road, Hosur Krishnagiri District.

3. The Executive Engineer (Head Quarters) Tamil Nadu Housing Board 439, Anna Salai Nandanam, Chennai 600 035.

https://www.mhc.tn.gov.in/judis CMP No.17301 of 2022 & W.A.No.SR 64140 of 2022

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J

(kpl)

CMP No.17301 of 2022 & Writ Appeal No.SR 64140 of 2022

09.01.2023

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