The court dismissed a writ petition challenging an eviction order, holding that legal heirs are not entitled to transfer leasehold rights under the Tamil Nadu Housing Board's public interest policy restricting transfers to chosen few.
Writ petition dismissed; prayer for issuance of certiorari mandamus to quash eviction order rejected.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2019
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.No.18015 of 2007
Aparna
..Petitioner
Vs
The Tamil Nadu Housing Board, Rep.by its Managing Director, Nandanam, Chennai.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorarified mandamus to call for the records of the respondent made in Va.Va.1/64058/07, dated 17.04.2007 and quash the same and forbearing the respondent from taking any eviction proceedings pursuant to the impugned order dated 17.04.2007 with regard to our rented tenament No.68 A, Nandanam Colony 3rd Street, Nandanam, Chennai – 35.
For Petitioner : Mr.P.Gunaraj
For Respondent : Mr.R.Bharath Kumar Standing Counsel
This writ petition has been filed for issuance of writ of certiorarified mandamus, to quash the order of the respondent dated 17.04.2007 in Va.Va.1/64058/07, in and by which, the petitioner was directed to vacate the house bearing No.68 A, Nandanam Colony 3rd Street, Nandanam, Chennai – 35.
"The decision taken by the Housing Board not to transfer the allotment under the public rental category was with a specific purpose. It was a decision taken in larger public interest. There are many people in the queue, claiming such allotment. It is only when the houses are vacated, the Housing Board would be in a position to consider their request for allotment. In case existing allotments are transferred from the name of original allottee to the legal heirs and thereafter, to the next generation, the property would continue to be in the hands of chosen few and others would be denied of such accommodation. Therefore, an element of social objective was behind the decision taken by the Board not to permit transfers to the legal heirs. We do not find any illegality in the said policy decision warranting our interference. The application submitted by the appellant was rejected on valid reasons, in the light of the prevailing policy of the Board. The matter was considered once again by the Government and the plea was again rejected. The issue was re-examined by the learned Single Judge and arrived at a correct conclusion that the order does not warrant interference. We do not find any justifiable reason to take a different view in the matter."
ms
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
The Managing Director,
The Tamil Nadu Housing Board,
Nandanam,
Chennai.
+1cc to Mr.R.Bharath Kumar, Advocate, SR.No.57122
W.P.No.18015 of 2007
Kak(18/09/2019)
3 issues framed by the court
Whether the petitioner is entitled to transfer leasehold rights as a legal heir to challenge the eviction order.
Whether the writ petition seeking quashing of the eviction order should be dismissed based on the Housing Board's public interest policy.
Whether the Board's decision not to permit transfer of rental allotments to legal heirs warrants judicial interference.
Colour shows how this judgement treated each authority
K. Saraswathi Vs. State of Tamil NaduFollowed¶18
W.A.No.1443 of 2008 in the case of K.Saraswathi Vs. State of Tamilnadu dated 16.6.2010
Ambrish Ashok Pathak Vs. The Tamil Nadu Housing BoardFollowed¶19
W.A.No.1722 of 2012 in the case of Ambrish Ashok Pathak Vs. The Tamilnadu Housing Board
1 provisions across 1 enactments
Aparna
The Tamil Nadu Housing Board
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
