R.Vijayakumar v. The Commissioner

W.P.No.34091 of 2019 C.V.KARTHIKEYAN,J.

The petitioner went to Sabarimala. when he came back, he found the door was locked. The door was locked in the premises bearing Flat B6, Lloyds Colony, Lloyds Road, Royapettah, Chennai. The said apartment was allotted by Housing Board which originally was allotted to his father S.Thayumanasundaram who died in the year 2005. The petitioner, being his son continued to occupy the said apartment for the past nearly 14 years. It is stand of the learned counsel for the respondent/Housing Board and that the petitioner cannot continue to occupy, since the rules provides that the legal heirs can occupy the flat only for a period of six months alone. This position has been affirmed even by the Supreme Court of India.

However, the grievance of the petitioner is that even though they filed a statutory appeal under Rule 86 of the Act, and according to him the appeal is also pending and without reference to the pendency of the appeal or of the disposal of the appeal, the respondent/Housing Board Authority appear to have sealed the house in his absence. It is also claimed that all his personal belonging are still inside the Flat in question. http://www.judis.nic.

C.V.KARTHIKEYAN,J.

vsn 2.Mr.N.Imbanathan, learned Additional Government Pleader takes notice for the respondents 1 and 4.

3.Following information are required to be furnished both by the Housing Board and also the learned counsel for the petitioner: a. The status of the appeal filed by the present petitioner before the 1st respondent.

b. Production of the records of the 2nd and 3rd respondents, pertaining to serving of notice prior to initiate eviction and taking possession.

4.Post the matter on 12.12.2019.

06.12.2019 vsn W.P.No.34091 of 2019 http://www.judis.nic.in