G.Saravanan v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.50440 of 2025 G.Saravanan ... Petitioner Vs.

1.The Executive Engineer, Tamil Nadu Housing Board, Besant Nagar Division, Adyar, Chennai - 600 020.

2.The Tamil Nadu Housing Board by its Chairman & Managing Director, 493, Anna salai, Nandanam, Chennai - 600 035.

3.Dr.S.Rajalakshmi her Power Agent B.Nirmala 4.The Superintending Engineer, Tamil Nadu Housing Board, 6th Floor, MTB Building, No.485, Anna Salai, Nandanam, Chennai - 600 035.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant time till 1/6

the month of June, 2026 and to refrain them till such time from taking any coercive steps to evict the petitioner in a hurried manner in respect of the Flat No.H-103/G-4, HIG, Tamil Nadu Housing Board Flats, Thiruvanmiyur Neighbourhood Extension Scheme, Besant Nagar, Chennai - 600 090 in pursuance of Notice dated 03.11.2025 by the first respondent.

For Petitioner : Mr.T.K.S.Gandhi For Respondents : Mr.D.Veerasekaran for R1, R2, R4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to grant time till the month of June, 2026 and to refrain them till such time from taking any coercive steps to evict the petitioner in a hurried manner in respect of the Flat No.H-103/G-4, HIG, Tamil Nadu Housing Board Flats, Thiruvanmiyur Neighbourhood Extension Scheme, Besant Nagar, Chennai - 600 090 in pursuance of Notice dated 03.11.2025 by the first respondent.

2.The learned counsel appearing for the petitioner submitted that the petitioner is a lessee and in occupation of the premises bearing Flat No.H-103/G-4, HIG, Thiruvanmiyur Neighbourhood Extension Scheme, Besant Nagar Division. The said premises was 2/6

allotted to one Dr.S.Rajalakshmi who executed power of attorney in favour of the third respondent and the power agent entered into lease agreement with the petitioner. In the meanwhile, the original allottee did not pay the allotment amount to the Tamil Nadu Housing Board and the Tamil Nadu Housing Board passed the eviction order. 3.The learned counsel appearing for the petitioner submitted that the petitioner is now ready to hand over the property in favour of the Tamil Nadu Housing Board after 31.03.2026 since the petitioner's children are studying school education and to that effect, the petitioner filed affidavit dated 21.11.2025.

4.The learned counsel appearing for the Tamil Nadu Housing Board did not raise any serious objection.

5.It is useful to extract hereunder paragraph nos.2 and 3 of the affidavit filed by the petitioner dated 21.11.2025: "2.I respectfully submit that I have been residing in the said flat since 2017 along with my wife, two children, and my mother, who is a senior citizen suffering from health issues. My son is studying in 7th Standard and my 3/6

daughter in 5th Standard. I humbly submit that I require reasonable time to vacate the premises at least till the end of the current academic year, i.e., 31.03.2026, so that the education of my children is not disrupted. During this period, I will make all necessary arrangements to secure alternate accommodation.

3.I further submit that I would be put to severe hardship if the above time is not granted. I hereby undertake to vacate the said premises on or before 31.03.2026 without fail."

6.In view of the above, the petitioner is directed to handover the subject premises to the Tamil Nadu Housing Board on or before 31.03.2026, failing which, liberty is granted to the respondents to evict the petitioner forthwith without any notice. 7.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

21.11.2025 pri Index: Yes/ No Speaking Order: Yes/ No 4/6

NCC: Yes/ No To 1.The Executive Engineer, Tamil Nadu Housing Board, Besant Nagar Division, Adyar, Chennai - 600 020.

2.The Tamil Nadu Housing Board by its Chairman & Managing Director, 493, Anna salai, Nandanam, Chennai - 600 035.

3.The Superintending Engineer, Tamil Nadu Housing Board, 6th Floor, MTB Building, No.485, Anna Salai, Nandanam, Chennai - 600 035.

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M.DHANDAPANI,J.

pri And W.M.P.No.50440 of 2025 21.11.2025 6/6