IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022

CORAM :

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

W.P.No.22227 of 2015

Colonel K Malaiappan (Retd)

... Petitioner

Vs.

1. The Government of Tamil Nadu,

Represented by its Secretary,

Housing and Urban Development Department,

Secretariat, Chennai - 600 009.

2. The Tamil Nadu Housing Board,

Represented by its Managing Director,

Anna Salai, Nandhanam,

Chennai - 600 035.

3. The Executive Engineer & Administrative Officer,

Tamil Nadu Housing Board,

Anna Nagar Division,

TNHB Shopping Complex,

Chennai - 600 101.

4. The Chennai Metropolitan Development Authority (CMDA),

Represented by its Member Secretary,

No.1 Gandhi Irwin Salai,

Egmore, Chennai - 600 008.

5. The Chennai Metro Water Supply & Sewerage Board,

Represented by its Managing Director,

Chintadripet, Chennai - 600 002.

6. The President,

The Green Garden Association,

384/6, L Block, Green Garden,

Anna Nagar, Chennai - 600 102.

7. A.Manickam

8. Janaki Arunkumar

9. A.Ramaswamy

https://hcservices.ecourts.gov.in/hcservices/

10. A.Krishna Dev

11. Vinayagam

12. Prof. Srinivasan

13. Padmavathi

14. Charu Latha

15. Sreedharan

16. P.Krishnan

17. R.Govindan

18. Neelakantan

19. M/s.KGEYES Residency Private Limited,

Rep. by its Managing Director, P.V.Shanmugam,

'SRUSHTISSHAL' New No.10, 2^nd Cross Street,

Raja Annamalaipuram, Chennai - 600 028. ... Respondents

PRAYER: The 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 of the first

respondent relating to issuance of the impugned order/Letter

bearing No.7200/UD-VI(2)/ 2014-7 dated 28.05.2015 and the

quash the same and consequently, direct the third respondent to

prepare the Deed of Apartment for Green Garden Colony and

register the same before the appropriate authority in terms of

the provisions of Section 10 of the Tamil Nadu Apartment

Ownership Act, 1994.

For Petitioner : M/s.R.Arumugam

For Respondent : M/s.M.Rajendran

No.1

Additional Government Pleader

For Respondent : M/s.R.Bharath Kumar

Nos.2 & 3

Standing Counsel

For Respondent : M/s.P.Veena Suresh

No.4

Standing Counsel

For Respondent : M/s.G.Janakiraman

No.5

Standing Counsel

For Respondent

Nos.6 to 18 : M/s.R.Parthasarathy

https://hcservices.ecourts.gov.in/hcservices/

For Respondent : M/s.Nithyaesh & Vaibhav

No.19

O R D E R

The present Writ Petition has been filed for issuance

of a Writ of Certiorarified Mandamus, to call for the records of

the first respondent relating to issuance of the impugned

order/Letter bearing No.7200/UD-VI(2)/2014-7 dated 28.05.2015

and the quash the same and consequently, direct the third

respondent to prepare the Deed of Apartment for Green Garden

Colony and register the same before the appropriate authority in

terms of the provisions of Section 10 of the Tamil Nadu

Apartment Ownership Act, 1994.

2. Heard the learned counsel appearing on either side

and perused the materials available on record.

3. The petitioner has already filed a suit and

pursuing his remedy. During the pendency of the suit, the Writ

Petition has been filed. Therefore, in view of the alternative

efficacious remedy available, this Writ Petition is not

maintainable. Accordingly, the same is dismissed. There shall be

no order as to costs. Consequently, connected Miscellaneous

Petition is closed.

Sd/-

Deputy Registrar

//True Copy//

Sub Assistant Registrar

asi

To

1. The Secretary,

Housing and Urban Development Department,

Secretariat, Chennai - 600 009.

2. The Managing Director TNHB,

Anna Salai, Nandhanam,

Chennai - 600 035.

3. The Executive Engineer & Administrative Officer,

https://hcservices.ecourts.gov.in/hcservices