Madras High Court
T.Jarina Fathul vs Vasantha Kokilam on 3 October, 2023
W.A.No.2649 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2649 of 2023
T.Jarina Fathul .. Appellant
Vs.
1.Vasantha Kokilam
2.Saroja
3.Sridharan
4.Sulochana
5.The Managing Director,
Tamilnadu Housing Board,
CMDA Complex, E&C Market Road,
Koyamnedu, Chennai-600 107.
6.The Secretary,
Tamilnadu Housing Board,
CMDA Complex, E&C Market Road,
Koyamnedu, Chennai-600 107.
7.The Executive Engineer,
Besant Nagar Housing Board Division,
Tamil Nadu Housing Board,
Adyar, Chennai-600 020.
Page 1 of 6
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W.A.No.2649 of 2023
8.The Administrative Officer,
Besant Nagar Housing Board Division,
Tamilnadu Housing Board,
Adyar, Chennai-600 020. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order of the learned Single Judge dated 12.8.2022 passed in
W.P.No.20823 of 2022.
For the Appellant : Mr.S.Mukund
Senior Counsel
for M/s.Sarvabhauman Associates
For the Respondents : Ms.M.Mayadevi
assisted by
Mr.S.Rameshkumar
for respondents 1 to 4
: Mr.D.Veerasekaran
for respondents 5 to 8
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.S.Mukund, learned Senior Counsel for
M/s.Sarvabhauman Associates, learned counsel for the appellant;
Ms.M.Mayadevi, assisted by Mr.S.Rameshkumar, learned counsel for
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W.A.No.2649 of 2023
respondents 1 to 4; and, Mr.D.Veerasekaran, learned counsel for
respondents 5 to 8.
2. Amongst other submissions, one of the submissions made by
learned Senior Counsel for the appellant is that, though the appellant
had interest in the subject writ property, the appellant was not added
as party in the writ petition and order is passed directing the Executive
Engineer, Besant Nagar Housing Board Division to pass orders on the
original writ petitioners' representation seeking execution of the sale
deed in favour of the writ petitioners for the property admeasuring 640
sq. ft. (LIG 1041). According to learned Senior Counsel, the Tamil
Nadu Housing Board has already executed the sale deed in favour of
the appellant on 23.10.2020 in respect of the same property.
3. According to learned counsel for respondents 1 to 4, the Tamil
Nadu Housing Board has allotted the said writ property to the father of
the writ petitioners in the year 1987.
4. It appears that the Tamil Nadu Housing Board has entered
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W.A.No.2649 of 2023
into a transaction with the present appellant, as is claimed by the
appellant, and also with the writ petitioners, as is claimed by the writ
petitioners. In fact, the Tamil Nadu Housing Board ought to have
brought this fact to the notice of the Court.
5. As the present appellant was not a party to the writ petition
and order is passed, we pass the following order:
(i) The impugned order of the learned Single Judge is
quashed and set aside and the parties are relegated
before the learned Single Judge.
(ii) The parties shall appear before the learned Single
Judge in the writ petition bearing No.20823 of 2022 on
08.11.2023.
(iii) The learned Single Judge may thereafter, as per his
convenience, take up the matter.
(iv) The present appellant shall be treated as
respondent No.5 in the writ petition.
(v) Necessary amendment to that effect be made by
the office in the writ petition.
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W.A.No.2649 of 2023
6. With the above observations and directions, the writ appeal
stands disposed of. There will be no order as to costs. Consequently,
C.M.P.No.22276 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.)
03.10.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
1.The Managing Director,
Tamilnadu Housing Board,
CMDA Complex, E&C Market Road,
Koyamnedu, Chennai-600 107.
2.The Secretary,
Tamilnadu Housing Board,
CMDA Complex, E&C Market Road,
Koyamnedu, Chennai-600 107.
3.The Executive Engineer,
Besant Nagar Housing Board Division,
Tamil Nadu Housing Board,
Adyar, Chennai-600 020.
4.The Administrative Officer,
Besant Nagar Housing Board Division,
Tamilnadu Housing Board,
Adyar, Chennai-600 020.
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W.A.No.2649 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.No.2649 of 2023
03.10.2023
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