WP/33252/2023 of MATHIAH Vs THE STATE REP BY

WP No. 33252 of 2023 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-04-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 33252 of 2023 and WMP.No.33093 of 2023 Mathiah ..Petitioner(s) Vs 1. The State Rep. by Secretary to Government, Housing and Urban Development Department, St. George Fort, Chennai 600 009. 2. The Chairman, Tamil Nadu Urban Development Habitat Board, Chennai 600 005. 3. The State Officer, Tamil Nadu Urban Development Habitat Board Chennai 600 005. 4. Mrs.Devi, W/o. Varadhan(late), No. Appa Grama Street, R.A.Puram, Mandaiveli, Chennai - 600028. (r4 Impleaded Vide Order Dated 29.07.2025 Made In Wmp.31838/2024 In Wp.33252/2023 By Navj) ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the 1 st to 3 rd respondents to physically hand over the proposed newly constructed Housequarter at No.C45, https://www.mhc.tn.gov.in/judis WP No. 33252 of 2023 __________ Page2 of 4 Valleeswaran Koil Thottam, R.A. Puram, Chennai comprised in S.No.4247 / 5 measuring to an extent of 21.55 Sq Mt, to the petitioner at the time of accommodating all former tenants holders in the above said project place. For Petitioner(s): No appearance For Respondent(s): Mrs.S.Anitha Special Government Pleader for R1 Ms.K.Indumathy Venkatesh for R2 & R3 R4 – No appearance ORDER This Writ Petition has been filed seeking issuance of writ of mandamus, directing the 1 st to 3 rd respondents to physically hand over the proposed newly constructed Housequarter at No.C45, Valleeswaran Koil Thottam, R.A. Puram, Chennai comprised in S.No.4247 / 5 measuring to an extent of 21.55 Sq Mt, to the petitioner at the time of accommodating all former tenants holders in the above said project place. 2. None appeared on behalf of the petitioner. The learned counsel appearing for the 2 nd respondent would submit that in the present case, the original allotment of Plot No.C 45, Valleeswaran Koil Thottam, R.A.Puram, chennai was made in favour of the petitioner’s wife late Bakiyam. Now re- development have taken place after demolishing the old apartment. It is stated that due to the reason that the petitioner’s wife, who was the original allottee https://www.mhc.tn.gov.in/judis WP No. 33252 of 2023 __________ Page3 of 4 passed away, now they can issue allotment not only in favour of the petitioner, who is the husband but also in favour of the other three legal heirs. As far as the present petition is concerned, the petitioner is asking allotment exclusively in his name but the respondents are not in a position to do the same. 3. Unless otherwise any consent is obtained from the other three legal heirs, the respondents are not in a position to make allotment in favour of the petitioner alone and the allotment can only be made in the name of the legal heirs including the petitioner. 4. In such being the case, this Writ Petition is closed as there is no representation for the petitioner. No costs. Consequently, connected miscellaneous petition is closed. 17-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KKN https://www.mhc.tn.gov.in/judis WP No. 33252 of 2023 __________ Page4 of 4 KRISHNAN RAMASAMY, J. KKN To 1. The Secretary to Government, Housing and Urban Development Department, St. George Fort, Chennai 600 009. 2. The Chairman, Tamil Nadu Urban Development Habitat Board, Chennai 600 005. 3. The State Officer, Tamil Nadu Urban Development Habitat Board, Chennai 600 005. WP No. 33252 of 2023 17-04-2026 https://www.mhc.tn.gov.in/judis