IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.01.2012

Coram

The Honourable Mr.Justice VINOD K.SHARMA

W.P.No. 27443 of 2011

and MP.No. 1 of 2011

1 MANDAVELIPAKKAM T.N. HOUSING BOARD

ALLOTMENT RESIDENTS WELFARE ASSON.

(REGN.NO.375/1998) REP.BY ITS PRESIDENT

MR.K.KESAVAN, NO.122 SANTHOME HIGH RD

MANDAVELIPAKKAM CH-28.

... Petitioner

Vs

1 GOVERNMENT OF TAMILNADU

REP.BY ITS SECRETARY

HOUSING AND URBAN DEVELOPMENT DEPARTMENT

FORT ST.GEORGE

CHENNAI-600 009.

2 THE TAMIL NADU HOUSING BOARD

REP.BY ITS EXECUTIVE ENGINEER &

ADMINISTRATIVE OFFICER

493 ANNA SALAI

NANDANAM CHENNAI-600 035.

... Respondents

Petition under Article 226 of the Constitution of India praying

to issue a writ of certiorari to call for the records of the 2nd

respondent in Letter No.N.T.R.9/1210/05 dated 18.11.2011 issued

individually to all the members of the petitioner Association who are

in occupation of their respective residential units belonging to the

Tamilnadu Housing Board in Mandavelipakkam, Chennai 600 028 and quash

the same.

For Petitioner

:

Mr.V.Suthakar

For Respondents

:

Mr.Jayaseelan

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ORDER

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 petitioner's association started

paying the enhanced rent.

4. It was on 19.11.2011, all the members of the petitioner's

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 Board's

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.

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9. Learned counsel for the petitioner challenged the impugned

notice firstly on the gr