WP/13929/2026 of B.Vijayalakshmi Vs The Secretary to Government

WP No. 13929 of 2026 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 13929 of 2026 AND WMP NO. 15168 OF 2026 B.Vijayalakshmi W/o.G.Bhadrinarayanan No.362, 11th East Cross Street MKB Nagar, Vyasarpadi Chennai 600039. ..Petitioner(s) Vs 1. The Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George, Chennai 600009. 2. The Managing Director The Tamil Nadu Housing Board (TNHB) Pocket 6, Board Office Cum Commercial Complex, CIT Nagar 1st Main Road, Chennai 600035. 3. The Executive Engineer TNHB Anna Nagar Division TNHB Office Cum Shopping Complex Chennai 600101. 4. E.D.Thamarai Selvan Residing at. No.M13/23 Central Avenue, M.K.B.Nagar Vysarpadi, Chennai 600039. Carrying on Business at. Flat No.3C, 1st Floor, Central Avenue M.K.B.Nagar Vysarpadi, Chennai 600039. 5. S.Ravathi Mini Priya Residing at. No.M13/23 Central Avenue, M.K.B.Nagar https://www.mhc.tn.gov.in/judis WP No. 13929 of 2026 __________ Page2 of 7 Vysarpadi, Chennai 600039. Carrying on Business at. Flat No.3C, 1st Floor, Central Avenue M.K.B.Nagar Vysarpadi, Chennai 600039. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitut ion of India praying for issuance of writ of Mandamus directing the respondents 1 to 3 to take appropriate enforcement action to prevent conversion of the reside ntial Flat No. 3B, ground floor, MIG Flats in Block No.3, Central Avenue, Vyasarpadi, Chennai 600039 into a commercial one, in deviation from the approved planning permission and covenants imposed by the Tamil Nadu Housing Board, by considering the petitioners representation dated 28.03.2026. WP No. 13929 of 2026 For Petitioner(s): Mr.B.Vijay For Respondent(s): Mr.D.Veerasekaran for R2 to R3 Mr.M.Rajendiran, Additional Government Pleader for R1 Order This Writ Petition has been filed directing the respondents 1 to 3 to take appropriate enforcement action to prevent conversion of the residential unit into a commercial one, in deviation from the approved planning permission and covenants imposed by the Tamil Nadu Housing Board, by considering the petitioners representation dated 28.03.2026. https://www.mhc.tn.gov.in/judis WP No. 13929 of 2026 __________ Page3 of 7 2. Case of the petitioner is that the Tamil Nadu Housing Board constructed apartments under the name and style of MIG apartments consist ing of Ground plus First Floor with four flats in Central Avenue, Vyasarpadi, Chennai 600 039, in land admeasuring an extent of 6687 sq.ft in the year 1990. The petitioner had purchased flat bearing no.3C in the first floor from one Mrs.V.Kousalya Bai and is in peaceful possession and enjoyment of the same . While that being so, the owners of the ground floor flat bearing No.3B, vi z, the respondents 4 and 5, are attempting to convert the residential premi ses into a commercial establishment. Hence, the petitioner made representation to the respondents 1 to 3 calling upon them to take immediate and appropr iate action against the flat owners from any manner converting the flat no.3B from residential to commercial use and to restrain them from leasing out the residential flat to any third parties for a commercial purpose in deviation of approved planning permission and covenants imposed by the TNHB. Since the said representation has not been considered, the petitioner is before this Court. 3. The learned counsel appearing for the petitioner would submit that i t would suffice, if the first respondent is directed to dispose of t he representation of the petitioner dated 28.03.2026 on merits and in accordance with law , within a specified period. https://www.mhc.tn.gov.in/judis WP No. 13929 of 2026 __________ Page4 of 7 4. The learned counsel appearing for the respondents has no objection for such an order being passed by this Court. 5. Heard the learned counsel appearing for the petitioner and learne d counsel appearing for the respondents 1 to 3. Since no adverse orders are passed against the respondents 4 and 5, notice to them is not necessary. 6. In view of the limited request made by the learned counsel appear ing for the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 28.03.2026, after affording opportunity of personal hearing to her and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 7. With the above direction, this Writ Petition is disposed of. The re shall be no order as to costs. Consequently connected miscellaneous petition is closed. 15-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK https://www.mhc.tn.gov.in/judis WP No. 13929 of 2026 __________ Page5 of 7 To 1. The Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George, Chennai 600009. 2. The Managing Director The Tamil Nadu Housing Board (TNHB) Pocket 6, Board Office Cum Commercial Complex, CIT Nagar 1st Main Road, Chennai 600035. 3. The Executive Engineer TNHB Anna Nagar Division TNHB Office Cum Shopping Complex Chennai 600101. https://www.mhc.tn.gov.in/judis WP No. 13929 of 2026 __________ Page6 of 7 M.DHANDAPANI J. sk WP No. 13929 of 2026 AND WMP NO. 15168 OF 2026 15-04-2026 https://www.mhc.tn.gov.in/judis WP No. 13929 of 2026 __________ Page7 of 7 https://www.mhc.tn.gov.in/judis