R.MANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order dated 09.05.2005, which is a notice issued by the Estate Manager cum Branch Manager / 2nd respondent, is under challenge in the present writ petition.

(2.) The writ petitioner states that he was allotted a house by the Managing Committee of Industrial Housing Departments of Industries and Commerce and later on, the administration and the maintenance of the tenements was transferred to the Tamil Nadu Small Industries Corporation Limited. The petitioner is a retired Sub Inspector of Police, retired from the Police Department of the Government of Tamil Nadu. He was paying the rent for his occupation and as was allotted with the tenements at No.A2, Ambattur Industrial Estate, Police quarters, Chennai - 58 during the year 1979. During the relevant point of time, the salary of the writ petitioner was below Rs.350/- per month and therefore, he was eligible for such allotment. Under the tripartite agreement, the employer has agreed to deduct the rent and other maintenance and water charges from the salary of the allottee and paid on his account. Under the said scheme, near about 4117 tenements were built throughout the State.

(3.) The contention of the writ petitioner is that the Government issued an order in G.O.Ms.No.128, Housing and Urban Development Department dated 24.3.1997 to allot the same on permanent basis on certain terms and conditions. Relying on the said Government order, the petitioner claims that he is entitled for transfer of title on compliance of certain terms and conditions as per the Government order. However, no such promise or order was passed by the respondent. The writ petitioner continued in the said quarters without any authority and failed to pay the monthly rent for several years. Pursuant to the Government orders, no agreement was entered into between the petitioner and the respondents and the writ petitioner continued in the Government quarters illegally and without any authority.