LAWS(MAD)-2010-10-390

S P THIRUMURUGAN Vs. TAMIL NADU HOUSING BOARD

Decided On October 28, 2010
S.P. THIRUMURUGAN Appellant
V/S
TAMIL NADU HOUSING BOARD REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR, CHENNAI Respondents

JUDGEMENT

(1.) THIS writ petition has been filed seeking a writ of certiorari to quash the proceedings of the 2nd respondent in and by his proceedings No.Va.Va/(2)/55832/2001, dated 30.11.2001 and for a consequential direction, directing the respondents to pass appropriate orders on the claim of the petitioner seeking transfer of allotment in his name in respect of the house bearing Door No.9, situated in First Main Road, C.I.T. Nagar, Nandanam, Chennai " 600 035.

(2.) FACTS in Brief: 2.1. The house bearing Door No.9, situated in First Main Road, C.I.T. Nagar, Nandanam, Chennai " 600 035, was originally allotted to the petitioner's father by name S.Ponnappan in the year 1970 on a monthly rental basis under public quota. After the death of the original allottee, the allotment of the said house was transferred to the name of petitioner's mother Mrs.P.Parvathi on 02.07.1985. The petitioner's mother expired on 10.09.1999. 2.2. The Executive Engineer and the Administrative Officer, Nandanam Division, in and by his letter dated 20.09.2001 has reported that the allottee of the house namely, the petitioner's mother had expired and the petitioner is residing in the said house. Accordingly, in and by his proceedings dated 17.10.2001, a show cause notice was issued to the petitioner under Section 84(2) of the Tamil Nadu Housing Board Act, 1961 to show cause as to why the allotment should not be cancelled and also why the petitioner should not be evicted, since he was occupying the premises unauthorisedly. 2.3. The petitioner in his reply dated 21.11.2001 has requested for the transfer of the lease in his favour after his mother's death. The request of the petitioner was rejected and the petitioner was asked to vacate the premises, in view of the policy decision taken by the respondents in Resolution No.11.04 dated 21.07.1997 to the effect that after the death of the original allottee, the same shall not be extended in favour of the legal heirs. Challenging the said order passed by the 2nd respondent, dated 30.11.2001, in and by its proceedings No.BR1(2)/55832/2001, passed under Section 84(1) of the Tamil Nadu Housing Board Act, 1961, the present writ petition has been filed.

(3.) IN support of his contention that there is a violation of principles of natural justice in as much as the petitioner was not afforded an opportunity of personal hearing, the learned counsel has made reliance upon the judgment of this Honourable Court in B.ARUNAJOTHY v. THE MANAGING DIRECTOR-CUM-CHAIRMAN, TAMIL NADU HOUSING BOARD reported in 2010 (1) CWC 333. IN support of the other contention that there is a violative of Article 14 of the Constitution of INdia in as much as by applying the earlier resolution of the Board in Resolution No.11.07, dated 02.11.1993 some other persons have been granted extension being the legal heirs of the deceased allottees. The learned counsel has made reliance upon the following judgments, (1999) 7 SCC 89 [STYLE (DRESS LAND) v. UNIION TERRITORY, CHANDIGARH, (2010) 4 SCC 50 [UNION OF INDIA v. RAKESH KUMAR], (2010) 6 SCC 705 [JAI VIJAI METAL UDYOG (P) LTD., INDUSTRIAL ESTATE, VARANASI v. COMMISSIONER, TRADE TAX, UTTAR PRADESH, LUCKNOW], (2010) 3 SCC 621 [HARI RAM v. STATE OF HARYANA], (2010) 1 SCC 639 [STATE OF UTTAR PRADESH v. MATA TAPESHWARI SARASWATI VIDYA MANDIR] and AIR 1997 SC 1623 [MEDIWELL HOSPITAL AND HEALTH CARE PVT. LTD. v. UNION OF INDIA] etc.