1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:10.03.2011 Coram: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition(MD)No.2781 of 2011 and MP(MD)No.1 of 2011 M. V. Radha Krishnan, S/o. M. Vadivel Pillai, 73/26, Lakshmipuram Cross Street, East Veli Street, Madurai - 625 001. :Petitioner -Vs- 1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai. 2. The Managing Director, Tamil Nadu Housing Board, 335, Anna Salai, Nandanam, Chennai - 600 035. 3. The Executive Engineer / Administrative Officer, Tamil Nadu Housing Board, Ellis Nagar, Madurai - 625 016. :Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the impunged demand notification issued by the third respondent for construction of multistoried Flats at Ellis Nagar more particularly comprised in Survey No.217/1B3 and in Survey No.220/3 A situated at Madakkulam Village, Madurai South Taluk, Madurai District and quash the same. For Petitioner:Mr.R.R. Kannan ORDER (Order of the Court was delivered by K. SUGUNA, J.) This Writ Petition is filed challenging the Notification issued by the Tamil Nadu Housing Board in the year 2010 with regard to the construction of multistoreied flats at Ellis Nagar more particularly comprised in Survey No.217 / 1B3 and in Survey No.220/3A situated at Madakkulam Village, Madurai South Taluk, Madurai District. 2.This writ petition is filed by way of a Public Interest Litigation. The grievance of the petitioner is that as per the Notification, the rate fixed for the flat is higher than the rate fixed by the private flat promoters. Yet another stand taken by the learned counsel for the petitioner is that the houses are intended to be constructed in the land acquired under the Land Acquisition Act, however, so far compensation has not been paid to the owners of the land. Besides, according to the learned counsel appearing for the petitioner, already the houses constructed by the Housing Board with the assistance of https://hcservices.ecourts.gov.in/hcservices/ 2 Government money have not been sold, as such there is no need to issue the impugned Notification. Apart from this, as per this Notification, basing on the private investment alone, the construction has to be carried on, which according to the learned counsel, put the proposed investors in trouble. Hence, this writ petition. 3.We are not able to accept this stand of the learned counsel appearing for the petitioner. First of all, this writ petition is filed by way of a Public Interest Litigation. The petitioner is not the owner of the land wherein the housing board intended to construct the houses and as such non-payment of the compensation cannot be a ground as far as the petitioner is concerned to challenge the impugned Notification. That apart, if any of the investors is going to face any problem, the concerned investor can take appropriate remedy and in our view, the petitioner does not have any locus standi to challenge the Notification. Apart from this, even according to the petitioner, as per the terms of the Notification itself the houses are intended to be constructed only basing on the private investments made by the individual, as such wastage of Government money will not arise at all. If any lapse or delay is going to occur, it is for the proposed investor to agitate the same before the appropriate authority and it is not for the petitioner. Consequently, we do not find any merit in this writ petition, which is liable to be dismissed. 4.Accordingly, this Writ Petition is dismissed. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is also dismissed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1. The Secretary to Government, Housing and Urban Development Department,Secretariat,Chennai. 2. The Managing Director, Tamil Nadu Housing Board, 335, Anna Salai, Nandanam, Chennai - 600 035. 3. The Executive Engineer / Administrative Officer, Tamil Nadu Housing Board, Ellis Nagar, Madurai - 625 016. +1CC to Mr.R.R.Kannan, Advocate. SR.No.5702. +1CC to The Special Government Pleader. SR.No.5966. Dpn/- WP(MD)No.2781 of 2011 and MP(MD)No.1 of 2011 RP/29.03.2011/2P/6C.10.03.2011. https://hcservices.ecourts.gov.in/hcservices/