P ARUNODHAYAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) BY consent of both parties, the writ petition is taken up for final disposal.

(2.) PRAYER in the writ petition is to quash the resolution of the second respondent dated 21.7.2004 and the consequential order dated 30.5.2005 with a further direction to the second respondent to convey the land measuring 9 grounds and 1062 sq.ft. in S.No.56/2, 57/2, 60/1 and 59/2, Villivakkam Village, Purasawalkam-Perambur Taluk to and in favour of the petitioners by receiving consideration at the rate of Rs.6.11 lakhs per ground as per the assurance given by the respondents 1 to 4 and confirmed in resolution No.4.04 dated 1.3.2001 passed by the second respondent and G.O.Ms.No.49, dated 10.2.2004 issued by the first respondent within the stipulated time.

(3.) THE 5th respondent, which is the Residents Association, at whose instance the proposal was mooted to straighten the canal has filed counter affidavit. Supporting the contention of the petitioners. It is further stated that the 5th respondent Association is ready and willing to bear the expenses for straightening the canal and the respondent department only delayed the project and even now the 5th respondent is willing and ready to pay the actual cost for straightening the canal, but till date no steps are taken by the respondents 1 to 4 to straighten the canal, which shows their indifferent attitude and the residents association are put to great hardships during every rainy season. It is further stated that the said residents are residing in their premises allotted by the TNHB and therefore the Housing Board is duty bound to safeguard the interest of the allotees from the hardships due to the floods and the Housing Board cannot go back from the proposal. In paragraph 7 it is further reiterated that the association is always ready and willing to meet the expenses that may be required for straightening the Otteri-Nulla Canal through lands handed over by the writ petitioners and meet the actual expenses or even executing work by engaging independent contractor at their cost.