R R THULASIRAM Vs. SECRETARY GOVT OF TAMIL NADU HOUSING AND URBAN DEVELOPMENT T I DEPARTMENT FORT ST GEORGE

JUDGEMENT

(1.) 1.1. Since the subject matter in question and the respondents herein are one and same, both the writ petitions were taken up together and are disposed of by this common order with the consent of the concerned parties herein.

(2.) IN support of their writ petitions, the petitioners herein have filed separate affidavits wherein they have narrated all the facts and circumstances that forced them to file the present writ petitions seeking for writ of Certiorari to call for the records in G.O.Ms.No.954 Housing and Urban Development (T.I.) Department, dated 25.9.1989 of the Government of Tamil Nadu rep. by its Commissioner and Secretary, Housing and Urban Development (T.I.) Department, Madras-9 the 1st respondent herein and to quash the same insofar as the petitioners herein are concerned.

(3.) THE impugned order is being challenged by the petitioners on the ground that the first respondent cannot grant any exemption from the application of the provision of the said Act to the said premises and the exemption as granted is totally illegal and without jurisdiction and non-application of mind. According to the petitioners, the second respondent has not approached the Government with any good intention and also that the said approach is totally malafide to get rid of the application of the provision of the Act, in detrimental to the interests of the petitioners. It is also stated by the petitioners that the Government has very lightly taken up the matter in detrimental to the interest of the petitioners, that the said Dharma Trust of the 2nd respondent is only a private trust and so granting of exemption is illegal void and also that G.O.Ms.No.2000 Home dated 16.8.1976 exempt the buildings belonging to the public, religious and charitable trusts only. THErefore, the petitioners pray that the order impugned is liable to be quashed.