w w w . L a w y e r S e r v i c e s . i n



A.P. Shareefa v/s State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Chennai & Others


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- AP HOUSING PRIVATE LIMITED [Active] CIN = U45203MH2010PTC207424

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- AP INDIA PRIVATE LIMITED [Active] CIN = U51909DL2013PTC250218

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    W.P. No. 16266 of 2017 & WMP. No. 17599 of 2017

    Decided On, 29 January 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Petitioner: P.G. Santhosh Kumar, Advocate. For the Respondents: R1, R.S. Selvam, Government Advocate, R2 to R4, R. Bharathkumar, Standing Counsel.



Judgment Text


(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus against the respondents directing them to execute and register the sale deed in respect of the schedule mentioned property to and in favour of the petitioner.)

1. This writ petition has been filed challenging the order of the first respondent dated 13.06.2017 dismissing the appeal filed by the petitioner as against the eviction notice issued by the fourth respondent dated 10.11.2016.

2. It is the case of the petitioner that her husband A.K.P.Ibrahim was the original allottee in respect of rental apartment bearing No. 3-A, Old Tower Block, Nandanam Extension, Nandanam, Chennai - 600 035. According to the petitioner, her husband died on 12.09.2015 and subsequent to his death, she has been in lawful possession and enjoyment of the aforesaid property. According to her, she has been paying the rent regularly to the Tamil Nadu Housing Board without committing any default. According to her, arbitrarily and illegally, the fourth respondent issued a notice dated 10.11.2016 calling upon the petitioner to vacate her apartment on the ground that she is an unauthorised occupant. Aggrieved by the eviction notice dated 10.11.2016 issued by the fourth respondent, the petitioner preferred the statutory appeal before the first respondent. The first respondent by the impugned order dated 13.06.2017 dismissed the appeal filed by the petitioner. Aggrieved by the same, this writ petition has been filed.

3. A counter affidavit has been filed by the respondents 2, 3 and 4 stating that the petitioner is an unauthorised occupant. According to them, as per the resolution No.11.04 dated 21.07.1997 and resolution No.3.01 dated 03.02.2012 of the Tamil Nadu Housing Board, once the original allottee dies, the property will have to be handed over to the Tamil Nadu Housing Board within six months from the date of his or her death. According to them, since the petitioner who is the wife of the original allottee has not handed over possession of the apartment to the Tamil Nadu Housing Board as per the aforesaid resolutions, she is an unauthorised occupant and hence, not entitled for any protection.

4. Heard Mr.P.G.Santhoshkumar, learned counsel for the petitioner, Mr.A.N.Thambidurai, learned Special Government Pleader for the first respondent and Mr.V.Ananthamoorthi, learned standing counsel for the respondents 2 to 4.

5. The learned counsel for the Tamil Nadu Housing Board drew the attention of this court to the Division Bench Judgment of this Court dated 04.02.2015 passed in W.A.No.1722 of 2012 in the case of Ambrish Ashok Pathak v. Tamil Nadu Housing Board and others and submitted that the resolutions passed by the Tamil Nadu Housing Board namely resolution No.11.04 dated 21.07.1997 and resolution No.3.01 dated 03.02.2012 have held to be valid resolutions. He referred to the following paragraph which was extracted in the aforesaid Division Bench Judgment:

"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."

6. It is now settled law that the resolutions passed by the Tamil Nadu Housing Board that on the death of the original allottee, the possession of the property will have to be handed over to the Tamil Nadu Housing Board within a period of six months are valid.

7. In the case on hand, admittedly the petitioner's husband is the original allottee who died and after his death, the petitioner instead of handing over possession of the apartment to the Tamil Nadu Housing Board within a period of six months from the date of his death in accordance with the resolutions passed by the Tamil Nadu Housing Board, has continued to remain

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in possession of the apartment. Since the petitioner is a widow, this Court is of the considered view that sufficient time will have to be given to the petitioner to vacate the apartment. 8. For the foregoing reasons, there is no merit in this writ petition. Accordingly, this writ petition is dismissed. However, this Court directs the petitioner to vacate the apartment and hand over the same to the Tamil Nadu Housing Board within four months from today (29.01.2020). No costs. Consequently, connected miscellaneous petition is closed.
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