Madras High CourtWP/49194/2025disposed of

V.Selvam v. The Secretary

2025-12-18Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR V.Selvam Petitioner(s) Vs

1. The Secretary Tamilnadu Housing Board, Anna Salai, Near EVR Periyar Maaligai, CIT Nagar, Nandanam, Chennai-600 035 2.The Assistant Executive Officer Tamilnadu Housing Board, East Nagar Division, Chennai-600 020 3.The Assistant Revenue Officer Tamilnadu Housing Board, Besant Nagar Division, Chennai-600 090 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to quash the impugned eviction order dated 16.07.2025 issued under Section 84 of the Tamil Nadu Housing Board Act, 1961, and to direct the respondents to consider petitioner's representation dated 21.07.2025 afresh, after conducting proper enquiry and affording personal hearing.

For Petitioner(s):

Ms.R.Priyanka For Respondent:

Mr.D.Veerasekaran for R1 to R3

ORDER

Challenging the notice issued by the 3rd respondent, dated 16.07.2025, issued under Sections 84(2) and 85(1) of the Tamil Nadu Housing Board Act, 1961, the present writ petition has been filed. 2.According to the petitioner, he was allotted a flat in Flat No.4/38 in the 10th Floor by the respondent Housing Board under Sholinganallur Phase-II Hire Phase Scheme at a cost of Rs.40,71,000/- in the year 2016. Thereafter, at the request of the petitioner, he was allotted a flat in Flat No.2/06 in the 2nd Floor on 03.12.2018. It is the contention of the petitioner that, from that day onwards, the petitioner has been continuously paying the monthly installments. Later, the Housing Board issued a letter dated 30.12.2021, demanding a sum of Rs.37,82,889/- as on 30.12.2021, by stating that final cost for the flat is arrived at Rs.

60,01,529/- as on 30.12.2021. It is the grievance of the petitioner that the Board has calculated penal interest from the month of April, 2018, whereas, the allotment for new flat has been effected only on 03.12.2018. Therefore, the petitioner submitted a representation in this regard on 21.07.2025, however, there was no response to the same. Now, the impugned communication has been issued by the 3rd respondent, dated 16.07.2025, under Sections 84(2) and 85(1) of the Tamil Nadu Housing Board Act, 1961, calling upon the petitioner to pay the outstanding amount of Rs.

would be evicted. Challenging the same, the present writ petition has been filed.

3.Mr.D.Veerasekaran, learned Standing Counsel, takes notice for the respondents 1 to 3.

4.Though the writ petition has been filed to quash the impugned notice dated 16.07.2025, the learned counsel for the petitioner would submit that, it would suffice if the respondents are directed to consider the representation of the petitioner, dated 21.07.2025, and pass orders after giving an opportunity to the petitioner and the petitioner will work out his remedy before the authorities. 5.Considering the limited nature of the relief now sought by the learned counsel for the petitioner before this Court, let the respondents consider the representation of the petitioner, dated 21.07.2025, on its own merits and in accordance with law, and pass appropriate orders after affording an opportunity of hearing to the petitioner, within a period of one month from the date of receipt of a copy of this order.

6.With these directions, this writ petition is disposed of. No costs. 18-12-2025 mkn

Index:Yes/No Speaking/Non-speaking order Internet:Yes To

N.SATHISH KUMAR J.

mkn 18-12-2025