CHINNADURAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The instant writ petition has been filed challenging the order dated 01. 12. 2011 passed by the third respondent cancelling the existing allotment of shop bearing No. 5, Plot No. 1506-A, 16 th Main Road, Anna Nagar, Chennai - 40 and directing the petitioner to vacate the said shop.

(2.) It is the case of the petitioner that he is a lawful tenant under the second respondent and he has been running the shop for the past 30 years and has been paying rent to the Tamil Nadu Housing Board without any default and he has also been paying the periodical increased rent. It is his case that the subject shop is in a dilapidated condition and in similar circumstances at K. K. Nagar, P. V. Rajamannar Road, the occupiers had requested the Tamil Nadu Housing Board to sell the respective shops to them by converting the lease to one that of sale. According to the petitioner, the Board had also acceded to their request and accordingly, sold the respective shops to them.

(3.) According to the petitioner, he along with the other occupiers of the shops situated at 1505-A, 16 th Main Road, Anna Nagar, Chennai - 40, made a representation to the Tamil Nadu Housing Board to give similar treatment as was done in K. K. Nagar and they were also ready and willing to pay the reasonable sale consideration as fixed by the Board to them. It is also the case of the petitioner that the Executive Engineer vide his proceedings dated 26. 09. 2011 had sent a communication to all the occupiers of the shops that their representation has been referred to the Head Office of the Tamil Nadu Housing Board and after the receipt of the reply from their head office, the decision of the Tamil Nadu Housing Board will be communicated to them. It is the case of the petitioner that despite the representation made by the petitioner as well as others for sale of the shops to them after construction of a new building, no response has been received from the Tamil Nadu Housing Board.