IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 2.9.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.1084 of 2001 1. Mr.R.Kathirvel Mudaliar 2. Mr.K.Jayaprakash Narayan 3. Mr.K.Gnanamani 4. Mr.K.Sundaramurthy 5. Mrs.Valliammal (1 to 5 residing at Mugalivakkam Village Sriperumpudur Taluk Chengalpet District 6. Mrs.Vijaya (1 to 6 represented by power of Attorney Mr.S.Devarajulu vide document No.79/92 dated 24.2.1992) 7. Mr.S.Arunagiri Mudaliar 8. Mrs.Pachaiyammal 9. Mrs.Poongavanam (7 to 9 residing at Mugalivakkam village, Sriperumpudur Taluk Chengalpet District and represented by Power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 6.7.1994 document No.196/94) 10. Mr.P.M.Balakrishnan (represented by power of Attorney Mr.S.Devarajulu vide registered power of Attorney dated 27.2.1991 document No.539/91) https://hcservices.ecourts.gov.in/hcservices/ 11. Mrs.Lakshmi 12. Mrs.B.Vijaya 13. Mr.T.Venkatesan (11 to 13 residing at Mugalivakkam village, Sriperumpudur Taluk Chengalpet District and represented by power of Attorney Mr.S.Devarajulu vide registered power of Attorney dated 1.11.1991 document No.331/91) 14. Mrs.K.Dhanalakshmi Ammal @ K.Peyapalayathammal 15. Mr.Sadasivam 16. Ms.G.Kalaiselvi 17. Mr.S.Saravanakumar 18. Ms.S.Sujatha (14 to 18 residing at 220 Subramania Swami Koil Street Mugalivakkam village, Porur Chennai 600 116 and represented by Power of Attorney Mr.S.Devarajulu vide registered power of Attorney dated 11.5.1992 document No.161/92) 19. S.Venkatesan (represented by power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 30.10.92 document No.2018/92) 20. Mrs.N.Lakshmi (represented by power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 10.11.92 document No.2020 of 1992) 21. Mr.A.Kannabiran 22. Ms.K.Manickammal 23. Ms.K.Muniammal https://hcservices.ecourts.gov.in/hcservices/ 24. Ms.K.Vijayalakshmi 25. Ms.K.Gunammal (21 to 25 residing at Mugalivakkam village, Sriperumpudur Taluk Chengalpet District represented by Power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 27.7.92 document No.235/92) 26. Mr.M.Chandran (represented by power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 14.2.1992 document No.65 of 1992) 27. Mr.S.Vinayagam 28. Mrs.V.Thilagavathi 29. Mr.Jothilingam s/o.S.Vinayagam Minor rep. by father 30. Ms.V.Jothi Malar, Minor d/o.S.Vinayagam rep. by father 31. Ms.V.Jothi Mohana Minor d/o.S.Vinayagam rep. by father (27 to 31 residing at No.2/65 Subramaniar Koil Street Mugalivakkam Village Chennai 600 116 and represented by Power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 18.9.1995 document No.371/95) 32. Mr.S.Seetharaman 33. Mrs.Muthammal https://hcservices.ecourts.gov.in/hcservices/ 34. Ms.Jayashree 35. Mr.S.Kumar, Minor S/o.Mr.Seetharaman rep. by father 36. Mr.S.Balaji Minor S/o.Mr.Seetharaman rep. by father (32 to 36 residing at Mugalivakkam Village Sriperumpudur Taluk Chengalpet District and represented by power of Attorney Mr.S.Devarajulu vide registered power of Attorney dated 16.11.1992 document No.332/92) 37. Mrs.T.Hemavathy Ammal (represented by Power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 9.12.1991 document No.365/91) 38. Mrs.Maragadammal 39. Mr.N.Sundaramurthy 40. Mr.N.Sivaprakasam 41. Mrs.Deivarani 42. Mrs.S.Selvarani (38 to 42 represented by power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 7.6.93 document No.157/93) 43. Mrs.Saroja (represented by power of Attorney Mr.S.Devarajulu vide registered power of attorney dated 17.2.1992 document No.67/92) https://hcservices.ecourts.gov.in/hcservices/ 44. Mr.Murugesa Mudaliar 45. Mr.M.Mohana Sundaram 46. Mr.M.Haridoss 47. Mr.M.Udayakumar 48. Smt.Shanthi 49. Smt.Usha (44 to 49 rep. by power of Attorney Mr.S.Devarajulu vide registered power of attorney dated 31.3.1997 document No.189/97) 50. Mrs.M.Krishnaveni Ammal (represented by power of attorney Mr.S.Devarajulu vide registered power of attorney dated 18.2.1994 document No.32/94) 51. Mr.A.Govindaraja Mudaliar 52. Mrs.G.Chandra 53. Mr.G.Ganesan 54. Ms.G.Archana, Minor D/o.Mr.G.Ganesan rep. by her father 55. Mr.G.Ravindran 56. Ms.R.Aparna, Minor D/o Mr.G.Ravindran rep. by her father 57. R.Avinash, Minor s/o Mr.G.Ravindran rep. by his father 58. Mr.G.Suresh https://hcservices.ecourts.gov.in/hcservices/ 59. Mr.G.Baskar (51 to 59 residing at Plot No.4 Venkateswara Avenue, Sabari Nagar Porur, Chennai – 600 116 and represented by Power of Attorney Mr.S.Devarajulu vide registered Power of Attorney dated 25.2.1994 document No.47 of 1994) 60. Mrs.M.Dakshayani 61. Mrs.K.Ponnammal 62. Mrs.P.Eswari (60 to 62 residing at Mugalivakkam Village Sriperumpudur Taluk Chenglepet District and represented by Power of Attorney Mr.S.Devarajulu vide registered by Power of Attorney dated 30.3.1992 document No.125 of 1992) 63. Mr.S.Kumaraswamy Mudaliar 64. Mr.K.Haridoss (63 to 64 residing at No.2/37, S.S.Koil Street Mugalivakkam Village Sriperumpudur Taluk Chenglepet District and represented by Power of Attorney Mr.S.Devarajulu vide document No.196/92, dated 10.6.1992) .. Petitioners Vs. Chennai Metropolitan Development Authority, rep. by its Member Secretary No.8, Gandhi Irwin Road Egmore, Chennai-600 008 .. Respondent https://hcservices.ecourts.gov.in/hcservices/ This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings dated 14.2.2000 of the respondent made in L1/31668/99, quash the same and direct the respondent herein to convert the existing EWS Plots as regular plot in the approved plans No.PPD/LO/No.131/93 of Mugalivakkam Village, pertaining to properties of the petitioners herein. For petitioner : Mr.S.Murugaian For Respondents : Mr.C.Kathiravan O R D E R The writ petition has been filed by the petitioners praying for a writ of Certiorarified Mandamus to call for the records relating to the proceedings of the respondent, dated 14.2.2000, made in L1/31668/99, quash the same and direct the respondent to convert the existing Economically Weaker Sections Plots as regular Plots, in the approved plan No.PPD/LO/No.131/93 of Mugalivakkam Village, pertaining to the properties of the petitioners. 2. The main contention of the learned counsel appearing for the petitioner is that the petitioners had made a representation, dated 3.12.1999, to the respondent to reconvert the Plots allotted to the Economically Weaker Sections as regular Plots in the approved plans. 3. However, the respondent, by a letter, dated 14.2.2000 made in L1/31668/99, had stated that the request of the petitioners had been rejected, since the authority has resolved that the reservation of the Economically Weaker Sections plots has to be continued. No reason has been given in the said communication of the respondent, dated 14.2.2000. 4. The main grievance of the petitioners, as submitted by the learned counsel appearing for the petitioners, is that the impugned communication does not contain any reason for the rejection of the representation of the petitioners. 5. The learned counsel appearing for the respondent had stated that the reservation of the Plots for the Economically Weaker Sections is a policy decision of the respondent and therefore, the representation of the petitioners had been rejected. https://hcservices.ecourts.gov.in/hcservices/ 6. At the stage of the hearing of the writ petition, the learned counsel appearing for the petitioners had submitted that it would suffice if the petitioners are permitted to make a fresh representation to the respondent, with regard to the reliefs sought for in the writ petition and if the respondent is directed to dispose of the same, on merits, within a specified time. 7. The learned counsel appearing for the respondent has no objection for this Court passing such an order. 8. In view of the submissions made by the learned counsels appearing for the parties concerned, the petitioners are permitted to make a representation to the respondent, with regard to the reliefs sought for in the writ petition, within a period of four weeks from today, and on such representation being submitted, the respondent is directed to pass appropriate orders thereon, on merits and in accordance with law, within a period of twelve weeks thereafter. 9. With the above directions, the writ petition stands disposed of. No costs. lan Sd/- Assistant Registrar / True Copy / Sub. Assistant Registrar To: The Member Secretary Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road Egmore, Chennai-600 008 1 cc to Mr.C.Kathiravan, Advocate, SR.49698 1 cc to Mr.S.Murugaian, Advocate, SR.50005 rl (co) dv/14.10. W.P.No.1084 of 2001 https://hcservices.ecourts.gov.in/hcservices/