N.Sathyanarayanan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.23849 of 2018 and WMP.Nos.27789 and 27791 of 2018 N.Sathyanarayanan

...Petitioner

Vs.

1. The Secretary, Housing and Urban Development, Fort St. George, Chennai-9.

2. The Managing Director, Tamil Nadu Housing Board,

3. The Deputy Secretary, (Revenue), The Tamil Nadu Housing Board,

...Respondents

Prayer: This Writ Petition filed under Article 226 of the Constitution of India to call for records relating to the order of the 2nd respondent proceedings made in letter No.Va.Va.P1/20322/2016 dated 17.02.2017 to quash the same and consequently direct the respondents to transfer the allotment/lease in respect of F-6 Turn Bulls Road, 1st Cross Street, Nandanam, Chennai-35 as legal heir of the original allottee.

For petitioner : Mr.L.Chandrakumar For respondents : Mr.V.Anandhamurthy for TNHB

O R D E R

This Writ Petition has been filed to quash the proceedings of the second respondent in letter No.Va.Va.P1/20322/2016 dated 17.02.2017, whereby the petitioner was directed to vacate and handover the premises bearing No. F-6 Turn Bulls Road, 1st Cross

Street, Nandanam, Chennai-35 to the respondents, within a period of one month and consequently direct the respondents to transfer the allotment/lease in respect of the premises in question, to the petitioner herein, who is the legal heir of the original allottee.

2. Today, when the matter is taken up for hearing, as directed by this Court, the learned counsel for the petitioner filed an additional affidavit of the petitioner dated 19.09.2018 to the effect that the petitioner will handover the vacant possession as well as the key to the respondents on or before 20th September 2019, citing his chronic illness. 3.The learned counsel for the respondents 2 and 3, on instructions, submitted that the petitioner may be permitted to stay in the subject premises till 31.05.2019 and may be directed to make necessary arrangement to handover the key by 01.06.2018. The learned counsel for the petitioner agreed for the same

4. Considering the facts and circumstances of the case and also taking note of the affidavit of undertaking given by the petitioner, the respondents shall permit the petitioner to stay in the subject premises till 31.05.2019. Thereafter, the petitioner shall make necessary arrangement to handover the key on 01.06.2018. However, it is made clear that there shall not be any claim entertained for further extension of the said period.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Arr Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Secretary, Housing and Urban Development, Fort St. George, Chennai-9.

2. The Managing Director, Tamil Nadu Housing Board,

3. The Deputy Secretary, (Revenue), The Tamil Nadu Housing Board, +1cc to Mr.V.Anandhamurthy, Advocate S.R.No.67976 +1cc to Mr.L.Chandrakumar, Advocate S.R.No.68056 KR/30/10/18 W.P.No.23849 of 2018