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2012 Supreme(Mad) 68

VINOD K.SHARMA
Mandavelipakkam T. N. Housing Board Allotment Residents Welfare Asson. Rep. By Its President Mr. K. Kesavan, Ch – Appellant
Versus
Government Of Tamilnadu Rep. By Its Secretary Housing And Urban Development Department Fort Chennai – Respondent


Advocates Appeared:
For the Petitioner - V. Suthakar, Advocate.
For the Respondents - Jayaseelan, Advocate.

Judgment :-

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 demol




























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