R MANIMEGALAI Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) Introductory :-

(2.) The rental house bearing D.No.44, II Street, Nandanam Colony, Chennai 35 was allotted by the Tamil Nadu Housing Board to Thiru.S.Rathinam on monthly rental basis under public quota. The allotment was made in the year 1966. The allottee died on 30 November 2003. Since the appellant, who is the daughter of the allottee, failed to vacate the residential house, the Housing Board initiated eviction proceedings. The Housing Board issued a show cause notice dated 4 January 2007 directing the appellant to show cause as to why the allotment should not be cancelled. The allotment was later cancelled by order dated 4 May 2007. The said order was challenged before the Government. The appeal was rejected by order dated 30 December 2009. It was the said order which was challenged before the writ court. The Writ Petition was dismissed.

(3.) The learned counsel for the appellant contended that under similar circumstances, the legal representatives and other allotees are still occupying the Housing Board accommodation. According to the learned counsel, the Housing Board is adopting a pick and choose policy. Those who are having influence continue to occupy the residential accommodation. It is only the poor people who have to vacate. The learned counsel contended that the appellant is a spinster aged about 64 years and she should be given reasonable time to vacate the premises. The learned counsel by placing reliance on the names of few officers of the Indian Administrative Service, contended that in spite of their transfer and allotment of accommodation at the transferred place, those officers are still in occupation of the rental quarters at Taylor s Road, Chennai.