The court emphasized the importance of complying with the provisions of Section 84 of the Tamil Nadu Housing Board Act, 1961, in the eviction process.

1. The petitioner prays for issuance of a writ in the nature of certiorari to quash the notice issued to the petitioner for vacating the premises leased out to the petitioner.

2. The writ petition has been filed by Mandavelipakkam Tamil Nadu Housing Board Allotment Residents Welfare Association through its Secretary. The case of the petitioner is that the second respondent being the owner of the flats, allotted those flats on rental basis to the petitioner under the public rental quota scheme and the members of the petitioner association is residing in the said units as tenants since its construction.

3. The case of the petitioner is that in the year 2002, a decision was taken by the Board to increase the rental of the flats. The said decision was challenged by the petitioner by filing W.P.No. 36895 of 2002. This Court granted stay, but subsequently, the matter was settled and the members of the petitioners association started paying the enhanced rent.

4. It was on 19.11.2011, all the members of the petitioners association received notice calling upon them to vacate and deliver the possession of the flats in their occupation to the housing board for the purpose of demolition being in dilapidated condition.

5. The case of the petitioner is that all the flats are in good condition and there is no semblance of any structural damage to the buildings warranting any demolition.

6. Even though the challenge in the writ petition is related the decision of the Board to demolish the buildings, the copy of the resolution has not been placed on record, for want of availability.

7. The writ petition is contested by the second respondent by filing a counter, wherein, a specific stand has been taken that the conditions of the buildings is in dilapidated condition, therefore, in the floor of Assembly, it was announced by the Honourable Chief Minister that the Tamil Nadu Housing Board will demolish 27 Boards rental quarters, Mandavelipakkam, being in dilapidated condition, and 44 new flats would be reconstructed with varying plinth area from 659 to 1075 sq.ft. at the project cost of Rs.11.80 crores so as to accommodate more number of public.

8. It is also the stand of the second respondent that the buildings was constructed in the year 1963, therefore, the Government has decided to demolish the existing buildings to reconstruct with latest infrastructure facilities and also to raise more number of units for the public due to increasing demand of accommodation of general public in the city.

9. Learned counsel for the petitioner challenged the impugned notice firstly on the ground that the reason given in the notice is non existence as the buildings is not in dilapidated condition. Therefore, the decision to demolish the buildings is nothing but arbitrary exercise of power which is hit under Article 14 of the Constitution of India.

10. The petitioner also challenged the impugned notice on the ground that the impugned notice is in violation of Section 84 of the Tamil Nadu Housing Board Act, 1961, which reads as under:-

84. Power go Evict Certain Persons from Board Premises:-

(1) If the competent authority is satisfied -

(a) that the person authorized to occupy any Board premises has -

(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months; or

(ii) sublet without the permission of the Board, the whole or any part of such premises; or

(iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises; or

(b) that any person is in unauthorized occupation of any Board premises, the competent authority may, notwithstanding anything contained in any law for the time being in force, by notice served

(i) by registered post or

(ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises or

(iii) in such other manner as may be prescribed, order that the person authorized to occupy as well