T.BALAMURUGAN Vs. EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) The petitioner serving as a Journalist in the Tamil Magazine for the past 20 years. Presently, he is working as Madurai Division Reporter in Asianet Digital media. On 19.03.2012 the respondent has allotted the house to him in the Journalist Quota as rental purpose under the Tamil Nadu Housing Board Department. From 2012 onwards, he has duly maintained the said Housing Board House and properly following the procedure adopted under Tamil Nadu State Housing Board Act, 1961 till today.

(2.) He further stated that from the day one of purchase the house under the Tamil Nadu State Housing Board, his house getting damaged and repair occurred in huge level. Moreover, several Housing Board house are under lack of maintenance and dilapidated conditions and has to be renovated in a proper manner. The respondent ought to have been providing water facility and proper maintenance of the house. But, they did not consider the grievances. Therefore, he sent a detailed representation on 14.02.2019, 07.02.2019, 09.10.2019 and 04.03.2020 under the RTI Act 2005 and seeking information about the Quality Control Test, Building Approval, Scheme Approval of the house from the local body authority which was allotted by the respondent under the Tamil Nadu State Housing Board. Eventually, as a Journalist, he wrote an article about the illegal acts and corruption and negligence of the officials attached with the Tamil Nadu State Housing Board and the article was widely published in the Asianet Digital Media.

(3.) The learned counsel appearing for the petitioner would submit that it is well settled law that the Government of Tamil Nadu as well as the Division Bench of this Hon'ble Court clearly stated that during the COVID 19 pandemic period no person shall be vacated from the rental home from their respective house or shelter. But the impugned order completely violated the procedure adopted by the State Government and this Hon'ble Court. He further submitted that as per Section 85(3) of the Tamil Nadu Housing Board Act, 1961 no order shall be made under Sub Section (2) until after the issue of a notice in writing to the person calling on him to show cause within such period as may be specified such notice why such order should not be made and until his objections, if any evidence he may produce in support of the same have been considered by the competent authority. However in the instant case no opportunity and Prior Notice was given by the respondent and asked the petitioner to vacate the house straight away. Hence, the petitioner has filed the present writ petition seeking to set aside the impugned order passed by the respondent.