SAROJINI GANGADHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Aggrieved by the order of the first respondent in letter No. 19919/Vee Va 2(2)/2002-1 dated 19-6-2002, rejecting her request to allot Flat No.1F at Old Tower Block, Nandanam in her favour, which was allotted in favour of her deceased husband, the petitioner has filed Writ Petition No. 7854/2003 to quash the same on various grounds.

(2.) . In Writ Petition No. 8288/2003, the very same petitioner challenges Resolution No.11.04 dated 21-7-97 passed by the Tamil Nadu State Housing Board and also prays appropriate direction to the Housing Board to transfer the allotment in favour of the petitioner as the dependent wife of the original allottee late V.N. Gangadharan.

(3.) . According to the petitioner, her husband V.N. Gangadharan was allotted a rental housing flat vide letter No. P1/18178/78, dated 11-3-78 bearing No. 1-F at Old Tower Block, Nandanam. Pursuant to the order of allotment by the Tamil Nadu Housing Board, a lease deed was entered into between V.N. Gangadharan and the Board in the year 1978. V.N. Gangadharan had been living in the tenanted premises along with the petitioner being the wife and other family members from the year 1978 onwards and he had been paying the rent regularly without any default. Her husband V.N. Gangadharan passed away on 5-11-2000 and she had intimated the said fact to the respondents on 17-2-2001 along with copies of Death Certificate and Legal Heirship Certificate. By letter dated 17-2-2002, she had requested the respondents to transfer the allotment in her name. Without acceding to her request, all of a sudden, on 7-5-2002, the respondents delivered to her an order of cancellation of allotment and order of eviction dated 16-4-2002 stating that she was in un-authorised occupation of the premises. Against the said order, she preferred an appeal to the Government, first respondent herein. Since she was facing threat of dispossession every day, a suit was filed as O.S.No. 2774/2002 before the City Civil Court challenging the order dated 16-4-2002 and the same is pending. At the time of filing of the suit, her appeal was pending before the first respondent. By the impugned order dated 19-6-2002, the first respondent rejected her appeal without assigning any reason. The first respondent has merely referred to a Resolution of the Tamil Nadu Housing Board dated 21-7-97 bearing No. 11.04 and held that in view of the said Resolution, she will not be permitted to continue in the premises; hence the above writ petition.