SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2010 Supreme(Mad) 2504

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. CHANDRU
Tamilaruvi Manian
Versus
The Government of Tamil Nadu, rep. By its Secretary to Government, Housing Department & Others
W.P.NO.20476 of 2009 in M.P.NO.1 OF 2009
Decided on : 28-06-2010

Advocates appeared:
For the Petitioner:G. Muthukrishnan, Advocate.
For the Respondents:P. Wilson, Additional Advocate General.

Public authorities' actions must be fair, reasonable, and free from bias and arbitrariness, and can be reviewed by the court for compliance with these principles.

Headnote:

Eviction - Lease Renewal - Tamil Nadu Housing Board Act - Section 84(1) - Term No.3(1) - Term No.xxxi

Fact of the Case:

The petitioner sought to challenge the order of the Revenue Officer, Tamil Nadu Housing Board, directing eviction for non-renewal of lease after 11 months. The petitioner alleged hostile discrimination and political bias in the eviction process.

Finding of the Court:

The court found that the Housing Board's action was arbitrary and discriminatory, as lease renewal was not insisted upon for other allottees under the public quota system. The court set aside the eviction order.

Issues: Hostile discrimination, Political bias, Lease renewal requirement

Ratio Decidendi: The Housing Board's action must be free from bias and arbitrariness, and must be informed by reason. The court can review actions of public authorities for fairness and reasonableness, especially in cases of alleged discrimination.

Final Decision: The impugned order was set aside, and the writ petition was allowed.

Judgment

Heard both sides.

2. Thepetitioner has filed the present writ petition seeking to challenge the order of the third respondent, i.e. Revenue Officer, Tamil Nadu Housing Board, Chennai, dated 23.09.2009 and seek to set aside the same. The petitioner earlier filed a writ petition in W.P.No.7689 of 2009, seeking to challenge the order dated 4. 2009. By the said order, the respondent issued a show cause notice to the petitioner that he had violated the term No.3(1) of the lease deed. Hence a notice was given in terms of term No.31.

3. Term No.3(1) reads as follows:

"3. And whereas the terms and conditions of the Lease have been though fit to be laid down in a written agreement, now this Deed of Agreement has been entered into subject to the following conditions:-

(i) The Lease shall be for a period of 11 months only subject to renewal for every 11 months subject to the conditions that the lessee had not violated any of the conditions of the agreement."

4. Likewise, term No.xxxi reads as follows:

"(xxxi)"The tenancy may be terminated by either party without assigning any reason, after giving one months notice to the other party".

5. In essence the contention of the third respondent was that since the lease deed was not renewed after a period of 11 months, he is not entitled to be continued in the tenancy. Therefore, he was directed to vacate the quarters and hand over possession to the Tamil Nadu Housing Board within 30 days. When the petitioner had challenged the said notice, this court held that the petitioner ought to have approached the Board for renewal of lease. Therefore, after disposing of the writ petition, in paragraph 9, it gave the following directions:

"9(i) The petitioner is at liberty to make necessary application for renewal of lease within a period of two weeks from the date of receipt of a copy of this order;

(ii) On receipt of such application from the petitioner for renewal of lease, the respondents are directed to consider the same strictly in accordance with law;

(iii) The clause in the impugned show cause notice terminating the lease is set aside;

.(iv) The impugned notice shall be treated only as a show cause notice for which the petitioner is at liberty to submit his explanation within a period of four weeks from the date of receipt of a copy of this order;

(v) Until such a final order is passed on the application of the petitioner for renewal of lease, all proceedings arising out of the impugned show cause notice shall be kept in abeyance and until such time, the petitioner shall not be evicted.

.(vi) It is clarified that if no application for renewal for lease is made by the petitioner within the stipulated period, the respondents can proceed further on the impugned show cause notice"

6. Pursuant to the direction given by this Court, the petitioner sent a letter, dated 28. 2009 giving explanations and also by an another letter on the same day, applied for renewal of lease. Since no reply was forthcoming, he had also sought certain information under the Right To Information Act, i.e. names of persons for whom the houses in the Tower Block were allotted under public allotment, the names of persons who are living on rental basis under public quota, number of years they are living in the said quarters and also details whether they have renewed their lease after expiry of allotment at the interval of every 11 months and apart from Kilpauk Tower Block, in various housing projects of the Housing Board, the names of persons who are living on rental under public quota system. The petitioner also got reply from the Information Officer, dated 29. 2009. However, the second respondent passed an order, dated 23.09.2009, stating that his request for renewal of lease was not feasible and it was rejected and that no person can claim extension for lease of the Government property as a matter of right. Therefore, he was once again directed to vacate the rental quarters, failing which eviction under Section 84




















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top