CHAIRMAN CUM MANAGING DIRECTOR Vs. S ELUMALAI

JUDGEMENT

(1.) SINCE the issue involved in all the matters is one and the same, they are disposed of by this common judgment.

(2.) THE facts, which are necessary to decide the issue, are as follows: the petitioners in both the writ petitions and W. P. No. 6748 of 2009 (the subject matter of W. A. No. 948 of 2009) are the employees of the High Court as well as the the Courts situated within the limits of Chennai City. The averments, which are similar in the said writ petitions, are that the petitioners are the allottees of the Government quarters situated at Foreshore Estate and they are residing in the said flats for a long time. The said flats have been allotted to them under the Tamil Nadu Rental Housing Scheme. The rent is being collected from their salary and remitted in the Government account. The Tamil Nadu Housing Board is the custodian for maintaining these rental houses. These flats were constructed 35 years ago and they are situated in the sea-shore area and have been affected by tsunami during December, 2004. Therefore, the Government constituted a committee of Experts to assess the damage and report the same to the Government and as per the Expert Committee's report, it was decided to demolish the dilapidated buildings and construct new one for Tamil Nadu Rental Housing Scheme as the same is unfit for safe living and human occupation. Hence, notices were issued to all the allottees through their Head of the departments to vacate and hand over the possession of the apartments so as to safeguard their lives and properties of the allottees from untoward incident as the buildings are not worthy for living. On receipt of the eviction notice, the occupants of the quarters approached this Court by way of different writ petitions seeking orders/directions, forbearing the respondents from evicting the allottees from foreshore Estate Housing Board, without providing alternative site within the city of Madras. As per the order of this Court dated 02. 12. 2008 in W. P. No. 18512 of 2008, alternative allotments were made to the petitioners thereby. There are various unoccupied housing board flats available in the City. Without initiating any action to accommodate the petitioners in that premises, the respondents had requested to occupy the mini houses constructed for people below the poverty line, which are located beyond 50 kms. from the Court. Hence, the petitioners in w. P. Nos. 1002 and 14350 of 2009 want alternative accommodation within the City limits.

(3.) THE petitioners in W. P. No. 6748 of 2009, sought for a direction to the respondents to provide alternative accommodation to them in any of the vacant flats situated at Todhunter Nagar, Saidapet, Shenoy Nagar, K. G. Colony, Kilpauk, peters Colony, Pudur Kodambakkam. The learned single Judge, by order dated 30. 04. 2009, directed the respondents therein to provide alternative accommodation in any one of the places found in the list produced by respondents 1 to 5. Aggrieved over the same, the Government has preferred the present appeal, viz. , W. A. No. 948 of 2009. For the sake of convenience, the allottees are described as petitioners and the Government authorities are described as appellants.