MOHAMMED NIYAMATHULLAH KHAZI v. THE PRINCIPAL SECRETARY TO GOVERNMENT
WP/33473/2024 · 2025-03-19
G Arul Murugan, R Subramanian
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 87422 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87422 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.Nos.33473, 33476 & 33478 of 2024 ------------------------------------------------ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.03.2025 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.Nos.33473, 33476 and 33478 of 2024 Mohammed Niyamathullah Khazi ... Petitioner in W.P.No.33473/2024 A.Abdul Khader ... Petitioner in W.P.No.33476/2024 S.Rajendiran ... Petitioner in W.P.No.33478/2024 Vs. 1.The Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai. 2.The Registrar General, High Court, Madras. 3.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E&C Market Road, Koyambedu, Chennai - 107. ... Respondents PRAYER in W.P.No.33473 of 2024:
Writ Petition filed under Article 226 of the Constitution of India parying to issue a Writ of Certiorarified Mandamu, to call for the records of the respondents in Letter No.8059009/Vee.Va.2-1/2024-1 dated 22.08.2024 on the file of the 1st respondent and quash the same as illegal, -------------------- Page No.: 1 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.33473 of 2024 --------------------------- incompetent and without jurisdiction and further direct the respondents to allot a quarters in A or B type in the Tod Hunter TNHB Housig Scheme at Saidapet, Chennai - 600 015, to which the petitioner is entiteld to. PRAYER in W.P.No.33476 of 2024:
Writ Petition filed under Article 226 of the Constitution of India parying to issue a Writ of Certiorarified Mandamu, to call for the records of the respondents in Letter No.8144118/Vee.Va.2-1/2024-1 dated 22.08.2024 on the file of the 1st respondent and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents to allot a quarters in A or B type in the Tod Hunter TNHB Housig Scheme at Saidapet, Chennai - 600 015, to which the petitioner is entiteld to. PRAYER in W.P.No.33478 of 2024:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamu, to call for the records of the respondents in Letter No.8144118/Vee.Va.2-1/2024-1 dated 22.08.2024 on the file of the 1st respondent and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents to allot a quarters in A or B type in the Tod Hunter TNHB Housig Scheme at Saidapet, Chennai - 600 015, to which the petitioner is entiteld to.
For Petitioner in all WPs : Ms.R.Poornima in all WPs For Respondents in all WPs : Mr.S.John J.Raja Singh, Additional Government Pleader for R1 Mr.E.Chandrasekaran, Standing Counsel for R2 -------------------- Page No.: 2 of 6 https://www.mhc.tn.gov.in/judis
W.P.Nos.33473, 33476 & 33478 of 2024 ------------------------------------------------ Mr.D.Veerasekaran for R3 O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) The petitioners who are working in the High Court were allotted quarters in Peters Colony. Since the Government proposed to demolish Peters colony, Shanthi Colony and Llyods Colony quarters alternative accommodation in the newly constructed building at Tod Hunter Nagar, Saidapet was promised by the Government to the 25 staff members of the High Court, who are occupying the quarters at Peters Colony, Shanthi Colony and Lloyds Colony. The resolution to that effect was passed by the Building Committee of the High Court in the presence of the officers of the Government on 25.11.2022. 2. The complaint of the writ petitioners is that they have not been allotted the quarters as agreed to. But they have been asked to vacate the present accommodation also. 3. When this was brought to the notice of the learned Additional Government Pleader at the hearing on 10.03.2025, the Government has responded stating that if the High Court furnishes the list of those employees -------------------- Page No.: 3 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.33473 of 2024 --------------------------- they will allot the quarters in Tod Hunter Nagar, Saidapet and 24 such accommodations have been reserved for the High Court employees apart from the 15% quarters that is already allotted to the High Court. Out of that 24, three employees have already retired and two of them have expressed their un- willingness to take the quarters at Tod Hunter Nagar. Therefore, the High Court has forwarded a list of 19 employees to the Government in ROC Nos.40381/2022/D4 and ROC.No.67803/2022/D4 dated 14.03.2025. A copy of the letter is also been handed over to the learned Additional Government Pleader today in the open Court. 4. The petitioners in this Writ Petition are occupying the quarters at Peters Colony. The Note of the Deputy Secretary to Government which was produced before us yesterday when the matters were listed shows that the three quarters at Tod Hunter Nagar are reserved for the writ petitioners.
The Government will make the allotment of the 19 quartres at Tod Hunter Nagar as per the list enclosed to the letter dated 14.03.2025 referred to supra and also the 3 quarters reserved for the petitioners by treating them as special case. We make it clear that this will not be cited as a precedent. -------------------- Page No.: 4 of 6 https://www.mhc.tn.gov.in/judis
W.P.Nos.33473, 33476 & 33478 of 2024 ------------------------------------------------
5. These Writ Petitions are disposed of with the above directions. Let the needful be done within a period of eight (8) weeks from the date of receipt of a copy of the order. No costs. (R.S.M.,J.) (G.A.M.,J.) 19.03.2025 dsa Index : No Neutral Citation : No Speaking order To 1.The Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai. 2.The Registrar General, High Court, Madras. 3.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E&C Market Road, Koyambedu, Chennai - 107. -------------------- Page No.: 5 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.33473 of 2024 --------------------------- R.SUBRAMANIAN, J. and G.ARUL MURUGAN, J. dsa W.P.Nos.33473, 33476 and 33478 of 2024 19.03.2025 -------------------- Page No.: 6 of 6 https://www.mhc.tn.gov.in/judis