A.Ravi v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2019

CORAM

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Writ Appeal No.1570 of 2019 and C.M.P.No.10779 of 2019

1. A.Ravi

2. G.Elango

3. S.Indira Devi

4. G.Sargunan

5. S.Pugazhendhi

6. S.Indira

7. D.Mohan

8. K.Sabeena

9. Mukavai Metha 10.S.Sivanandam 11.Kausalya ...

Appellants -Vs1. Government of Tamil Nadu represented by its Principal Secretary Housing and Urban Development Department Fort St.George, Chennai 600 009.

2. Tamil Nadu Housing Board represented by its Secretary, Managing Director 493, Anna Salai, Nandanam, Chennai 600 035.

3. R.Susila

4. M.Lakshmi

5. R.Vanitha

6. N.Purushothaman

7. C.Arumugam

8. V.Nandhini

9. G.Pushparani 10.V.Vadivel 11.E.Varadan 12.D.Devi 13.K.Magesh 14.V.Geethakrishnan 15.A.Powline 16.S.Sumathi

17.K.A.Paul 18.P.Sujatha 19.S.Kannan 20.A.Karthikeyan 21.S.Viswanathan 22.M.Kamalakannan 23.G.Manokaran 24.J.Jayaganesh 25.M.Selvakumar 26.P.Rajendran 27.S.Ramakrishnan 28.J.P.Senthilkumar 29.M.Gopi 30.A.Natarajan 31.E.Prathipa 32.V.Kumar 33.V.Dhinasekaran 34.R.Aravinthan 35.M.Babu Rao ... Respondents For Appellant :

Mr.Gnanadesikan, Senior Counsel For Respondents 1&2 :

Dr.R.Gowri, Additional Government Pleader Prayer : Writ Appeals under Clause 15 of the Letters Patent against the order passed in W.P.No.28076 of 2017 dated 12.10.2018.

WP.NO.28076/2017:

Writ Petition filed Under Article 226 of the Constitution of India praying this court to issue a Writ of Certiorarified Mandamus calling for the records of the 1st Respondent in G.O.Ms. No.118 Housing and Urban Development (HB5-2) Department dated 04.07.2017 and quash the same and consequently forbear the 2nd Respondent from demanding enhanced rent on the basis of G.O.Ms. No.118 Housing and Urban Development (HB5-2) Department dated 04.07.2017.

J U D G M E N T

(Judgment of the Court was delivered by T.S.SIVAGNANAM, J.) This appeal is directed against the order in W.P.No.28076 of 2017, which was disposed of by a common order dated 12.10.2018. Similar appeals were filed before us, challenging the very same common order in two batches in W.A.No.535 of 2019 etc., and

W.A.No.1073 of 2019. We have dismissed those appeals by the judgments dated 22.04.2019 and 23.04.2019 respectively. The appellants being no different, is squarely covered by the decision in the aforementioned judgments. The operative portion of the judgment dated 22.04.2019 in W.A.No.535 of 2019 etc., batch of writ appeals, reads as follows. 6.The learned Standing Counsel for the respondent-TNHB has brought to our notice that the Government servants who have been allotted quarters under the Tamil Nadu Government Rental Housing Scheme (TNGRHS) are paying three times more than the rent payable by the appellants who have secured allotments under "public quota".

Furthermore, it is the submission of the learned counsel that all the appellants are in arrears of rent and they have not paid the increase with effect from 1993 onwards. Further, the stand of learned Standing Counsel is that there is no discrimination and all the public quota allottees have been uniformly informed about the increase in rent and considering the location of the property and other facilities in and around the area, the increase in rent is reasonable, just and proper. 7.Assuming the appellants had taken on rent a private accommodation, the Landlord is entitled to revise the monthly rent and is entitled to seek for fair rent. The position becomes no different merely because the State Government or the Tamil Nadu Housing Board is the owner of the property. The appellants have enjoyed Government accommodation all these years and they are bound to pay the rent which has been found to be reasonable by the learned Single Bench which also appeals to us and we find no ground to interfere with the order and direction issued by the learned Single Bench.

8.With regard to the plea of discrimination raised by the appellants, we direct the respondents to uniformly apply the Government Order to all the 'public quota' allottees and there shall be no discrimination in implementing the revised rent. The appellants may be granted reasonable time to settle the arrears subject to the condition that they start paying increased rent prospectively. With the above observations, the writ appeals stands dismissed."

2. Thus the writ appeal fails and accordingly dismissed. No costs. Consequently, connected C.M.P.No.10779 of 2019 is also dismissed. As observed by us in the earlier judgement dated

22.04.2019, the respondent/Board shall grant reasonable time to the appellants to pay the arrears as per the enhanced demand subject to the condition that the current enhanced rent should be cleared.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Principal Secretary Housing and Urban Development Department Fort St.George, Chennai 600 009.

2. The Secretary/Managing Director Tamil Nadu Housing Board 493, Anna Salai, Nandanam, Chennai 600 035.

+1cc to Dr.R.Gowri, Advocate sr.41653 +1cc to Government Pleader sr.42556 Writ Appeal No.1570 of 2019 vsn-ii(co) nr 04/07/2019