K. CHELLADURAI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 25. 05. 2017 passed by the first respondent confirming the order dated 31. 10. 2016 passed by the third respondent cancelling the allotment dated 24. 03. 2009 issued in favour of the petitioner in respect of the property at N-Block No. 5 Lloyds Colony Royapettah, Chennai - 600 014.

(2.) It is the case of the petitioner that he was allotted the aforementioned property by the Tamil Nadu Housing Board on 24. 03. 2009 on lease basis and he has been paying the rent regularly to Tamil Nadu Housing Board, without committing any default. According to him, he has been residing in the aforementioned premises along with his junior ever since the date of allotment, i. e. 24. 03. 2009. However, all of a sudden, the third respondent issued a show notice dated 15. 09. 2014 to the petitioner calling upon him to vacate his apartment on the ground that he has sublet the premises to one Jalander Rao and therefore, he has violated the terms and conditions of the allotment. According to the petitioner, he sent a reply to the show cause notice on 30. 10. 2014, wherein he has categorically stated that he has been residing in his apartment along with his junior,ever since the allotment made by the Tamil Nadu Housing Board and there is no subletting. Further, the petitioner in the said reply requested, the Tamil Nadu Housing Board to give the details of the inspection, which they allege to have made to come to the conclusion that the petitioner has sublet the property. Subsequent to the reply dated 30. 10. 2014, another reminder was also sent by the petitioner on 13. 07. 2016 seeking for the details as sought for in his earlier reply dated 30. 10. 2014.

(3.) By order dated 31. 10. 2016, the third respondent reiterated the contents of the show cause notice dated 15. 09. 2014 and held that the petitioner has violated the terms and conditions of the lease and is liable for eviction and called upon the petitioner to immediately vacate his apartment.