K.Ponnurangam v. The Secretary to Government

ORDER The petitioner challenges the order dated 21.07.2023 passed by the second respondent rejecting his claim for allotment of a plot under the ex-owners category.

¶2The petitioner states that the land belonging to his grandfather was acquired by the second respondent for formation of a residential layout. According to the petitioner, under the Scheme, ex-owners whose lands were acquired were eligible for allotment of plots under the ex-owners category. Since his grandfather had not availed such benefit during his lifetime, the petitioner, claiming to be his legal heir, approached the second respondent seeking allotment of a plot under the said category.

¶3Earlier, the petitioner had filed W.P.No.30181 of 2013 seeking consideration of his representation. This Court, by order dated 26.02.2018, disposed of the writ petition directing the second respondent to consider the representation. Pursuant to the said direction, the second respondent considered and rejected the petitioner's claim by the impugned order. Hence, the present writ petition. Page3 of 6

¶4Learned counsel for the petitioner submits that, being the legal heir of the original landowner whose lands were acquired, the petitioner is entitled to allotment of a plot under the ex-owners category. However, his claim has been rejected on the ground that there is no provision for such allotment and that plots can be allotted only through public auction in terms of the Board Allotment Rules. It is therefore contended that the rejection of the petitioner's claim is arbitrary and discriminatory.

¶5Per contra, learned counsel for respondents 2 and 3 submits that the petitioner had earlier filed O.S.No.942 of 1987 seeking the very same relief of allotment under the ex-owners category. The said suit was dismissed on

30.08.1995 on the ground of limitation, and the decree has attained finality. It is further submitted that the petitioner's own brothers were allotted plots under the Arcot Neighbourhood Scheme Phase-I. The lands in question were acquired in the year 1974, whereas the petitioner made the present claim more than 40 years thereafter. Therefore, the claim is hopelessly barred by limitation.

¶6Learned Government Advocate appearing for the first respondent adopts the submissions made on behalf of respondents 2 and 3.

¶7Heard the learned counsel for the parties and perused the materials on record. Page4 of 6

¶8It is not in dispute that the petitioner had earlier filed O.S.No.942 of 1987 seeking the very same relief and that the suit was dismissed on 30.08.1995 on the ground of limitation. The said decree has attained finality. Despite the same, the petitioner subsequently submitted a representation seeking allotment of a plot under the ex-owners category. When the representation was not considered, he filed W.P.No.30181 of 2013. This Court, by order dated 26.02.2018, merely directed the second respondent to consider the representation. Pursuant thereto, the second respondent considered the petitioner's claim and rejected the same by the impugned order.

¶9The petitioner seeks to rely upon the case of B. Ramachandran, who was granted certain benefit pursuant to the order passed by this Court in W.P.No.7495 of 1987. However, in the said order, this Court had only directed the second respondent to give preference to the petitioner therein as and when a plot became available for allotment. There was no finding that the petitioner therein was entitled to allotment under the ex-owners category. Therefore, the said order does not support the petitioner's claim.

¶10Further, the petitioner has not placed on record any Scheme or Rule which confers a right upon him, as a legal heir of the original landowner, to seek allotment of a plot under the ex-owners category. In any event, the petitioner's Page5 of 6 claim for the very same relief had already been held to be barred by limitation in O.S.No.942 of 1987, and the said decree has attained finality. A subsequent representation and a direction to consider such representation cannot revive a claim which had already become time-barred.

¶11In view of the above, the impugned order passed by the second respondent rejecting the petitioner's claim for allotment of a plot under the ex-owners category does not suffer from any illegality warranting interference by this Court. Accordingly, the writ petition is dismissed. There shall be no order as to costs. 22-07-2026 Index: Yes/No Speaking/Non-speaking order ssk To

¶1The Secretary To Government Tamilnadu Housing Board Department, Government Of Tamilnadu, Secretariat, (St.George, Fort), Chennai-600 009

¶2The Managing Director Chennai Metropolitan Development Authority Complex, E(Ma)c Market Road, Koyambedu, Chennai-600 107

¶3The Executive Engineer Cum Administrative Officer Tamilnadu Housing Board, Vellore Housing Unit, Sathuvachari, Vellore-632 009 WPoNo.o6001oofo2025 HEMANToCHANDANGOUDAR,oJ. ssk WPoNo.o6001oofo2025 22-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR K.Ponnurangam ..Petitioner(s) Vs 1. The Secretary To Government Tamilnadu Housing Board Department, Government Of Tamilnadu, Secretariat, (St.George, Fort), Chennai-600 009 2. The Managing Director Chennai Metropolitan Development Authority Complex, E(Ma)c Market Road, Koyambedu, Chennai-600 107 3. The Executive Engineer Cum Administrative Officer Tamilnadu Housing Board, Vellore Housing Unit, Sathuvachari, Vellore-632 009 ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records relating to impugned order dated 21.7.2023 proceedings order No. Allotment 3(4)8280/2013 on the file of the 2nd respondent and to quash the same and consequently direct the 2nd to allot the plot number 250/D1(194.79 sq.mt) in neighbourhood scheme phase III Sathuvachari Village, Vellore District. For Petitioner(s): Mr.V.Perumal For Respondent(s): Mr.M.Sivavarthanan, Govt. Advocate for R1 Mr.D.Veerasekaran for R2 & R3 Page2 of 6