Madras High Court
K. Kennedy Kumar vs The Revenue Officer on 13 October, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
W.A.No.2270 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A.No.2270 of 2023
and
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.
2.The Chairman,
Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35.
3.The Executive Engineer Cum Administrative
Officer, Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35.
4.The Assistant Revenue Officer,
Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35.
5.The Junior Engineer,
Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35. ... Respondents
Page 1 of 5
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W.A.No.2270 of 2023
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 05.07.2022 in W.P. No.20696 of 2011.
For Appellant : Mr.D.Yogeswaran
For Respondents : Mr.D.Veerasekaran,
Standing Counsel
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Under assail is order dated 05.07.2022 passed in W.P. No.20696 of
2011.
2. 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 re-
allotment. In the present case, the appellant continued illegally and thus,
eviction proceedings were initiated.
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3. 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.
4. 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.
[S.M.S., J.] [M.S.Q., J.]
13.10.2025
mmi
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To
1.The Revenue Officer,
Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35.
2.The Chairman,
Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35.
3.The Executive Engineer Cum Administrative
Officer, Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35.
4.The Assistant Revenue Officer,
Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35.
5.The Junior Engineer,
Tamil Nadu Housing Board,
No. 493, Anna Salai,
Nandanam, Chennai - 35.
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S.M.SUBRAMANIAM, J.
AND
MOHAMMED SHAFFIQ, J.
mmi
13.10.2025
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