Madras High Court
R.Rajendran vs The Chairman And Managing ... on 6 December, 2021
WP No.7577 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06-12-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.7577 of 2012
And
MP No.1 of 2012
R.Rajendran .. Petitioner
vs.
1.The Chairman and Managing Director,
Tamil Nadu Housing Board,
Nandanam,
Chennai – 600 035.
2.The Executive Engineer and Administrative
Officer,
Tamil Nadu Housing Board,
Salem Housing Unit,
Ayyanthirumaaligai,
Salem – 636 008.
3.The Assistant Revenue Officer,
Salem Housing Unit,
Ayyanthirumaaligai,
Salem – 636 008.
1/12
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WP No.7577 of 2012
4.The Commissioner,
Salem City Municipal Corporation,
Salem.
(R-4 suo motu impleaded as per order
of the Court dated 06.12.2021
made in WP 7577 of 2012) .. Respondents
Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorarified Mandamus, calling
for the records relating to the impugned communication of the third
respondent in Letter No.7/8816/98 dated 07.03.2012, quash the same and
consequently direct the respondents to execute the Sale Deed in favour of the
petitioner in respect of the Housing Plot bearing Plot No.112/5H in
A.S.S.F.No.112/63 in Annathanapatty Village, Salem District after
determining the final cost.
For Petitioner : Mr.R.M.D.Nasurullah
For Respondents-1 to 3 : Mr.R.Bharath Kumar
ORDER
The order dated 07.03.2012 issued by the third respondent for
the purpose of evicting the petitioner from the Housing Board allotted house,
is under challenge in the present writ petition.
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WP No.7577 of 2012
2. The facts in nutshell to be considered are that on 04.09.1998,
the petitioner was allotted with House No.A-8 (2,400 sq. ft.) under the
Government Discretionary Quota vide G.O.Ms.(2D) No.283. The tentative
cost of the independent house at Plot No.112/5H in A.S.S.F.No.112/63 in
Annanthanapatty Village, Salem District is Rs.5,99,300/-. The initial deposit
to be made by the petitioner is Rs.2,39,800/-. The balance amount of
Rs.1,99,300/- has to be paid in ten years i.e., in 120 instalments at
Rs.3,547/- per month. The petitioner is a Government Servant. The Housing
Board has issued Loan Eligibility Certificate to the petitioner for a sum of
Rs.4 lakhs and the belated payment of instalments would attract interest at
the rate of 20.50% per annum.
3. The Tamil Nadu Housing Board has executed Lease-cum-
Sale Agreement in favour of the petitioner on 15.09.1998. The petitioner has
paid a sum of Rs.26,870/- in six monthly instalments towards initial deposit
in the year 1998. Accordingly, the respondent-Housing Board handed over
the allotted house to the petitioner.
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WP No.7577 of 2012
4. On 30.04.2002, one Mr.S.Muruganandham, vide his letter to
the Director of Vigilance and Anti Corruption Department, has stated that
the petitioner had created forged documents for the purpose of availing
Housing Loan, which was sanctioned by the Government Department.
5. In view of the fact that the allegation against the petitioner
was serious, the Executive Engineer locked the premises. The petitioner
without any intimation broke open the lock and trespassed into the House
and occupied the same.
6. On 16.05.2002, the Executive Engineer has taken steps to
cancel the allotment. Thus, a show cause notice was issued under Sections
84(2) and 84(1) to the petitioner on 09.05.2002 and 22.05.2002 respectively
for non-payment of loan amount and monthly instalments. The petitioner
requested for extension of time for repayment of entire amount on
15.05.2002. However, the petitioner has not paid the instalments or the cost,
which was determined at the time of allotment. Thus, on 19.06.2002, the
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WP No.7577 of 2012
Tamil Nadu Housing Board had cancelled the allotment made in favour of
the petitioner for the non-payment of loan amount and monthly instalments.
7. The petitioner without even settling the dues and without
challenging the cancellation order dated 19.06.2002, continued his
possession in the premises of the subject property. The petitioner filed a
complaint before the District Consumer Disputes Redressal Forum, seeking
damages. The District Consumer Disputes Redressal Forum dismissed the
complaint on 28.03.2007. Thereafter, the petitioner filed Civil Suit in
O.S.No.1224 of 2007 before the Civil Court and the said Civil Suit was also
dismissed on 28.07.2009. Thereafter, the Executive Engineer in letter dated
29.03.2010, intimated the Final Cost to the petitioner. The outstanding dues
to be paid by the petitioner was also intimated through notice dated
07.03.2012. The said notice is under challenge in the present writ petition.
8. The petitioner filed A.S.No.124 of 2012 against the judgment
and decree passed in O.S.No.1224 of 2007 and the Appeal Suit was also
dismissed by confirming the judgment and decree passed in the Civil Suit on
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WP No.7577 of 2012
28.02.2014.
9. The learned counsel for the Tamil Nadu Housing Board
produced photographs of the building, wherein the petitioner has illegally
constructed additional two floors without obtaining any Planning Permission
or otherwise from the Competent Authorities.
10. As on today, the petitioner has paid only Rs.71,660/- and
he is in illegal possession of the Housing Board property for the past about
23 years. Thus, the respondents have stated that the petitioner, as of now,
has to pay a sum of Rs.55,10,239/- in one instalment.
11. Perusal of the facts and circumstances would reveal that the
petitioner has not only committed default in repayment of loan and
instalments, but he is in illegal possession of the Housing Board property for
the past about 23 years and without paying any further instalments or the
Final Cost intimated to the petitioner by the Executive Engineer.
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WP No.7577 of 2012
12. The petitioner is in continuous enjoyment of the subject
property for the past about 23 years by just paying a sum of Rs.71,660/-.
The petitioner, admittedly, is the Government Servant. There was an
allegation of fraud in obtaining the Government loan and the actions taken
by the Department is also not informed to this Court. Beyond all these
irregularities, the petitioner has gone to the extent of constructing two
additional floors without obtaining any Building Plan Approval or Planning
Permission from the Competent Authorities of Salem City Municipal
Corporation. The subject property falls within the territorial jurisdiction of
the Salem City Municipal Corporation and necessary Building Plan
Approval was not obtained by the petitioner.
13. The serious irregularities and illegalities, being committed
by the petitioner, cannot be condoned by this Court. The petitioner, who has
occupied the Housing Board House in the year 1998 and continue to be in
possession in the said premises for the past about 23 years, without paying
the instalments and the Final Cost and further by constructing two
additional floors, as he is liable to be prosecuted in view of the fact that the
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WP No.7577 of 2012
petitioner is the Public Servant and committed such an illegality, which
cannot be condoned.
14. The learned counsel for the petitioner reiterated that there
was deficiency in the matter of construction with reference to the house
allotted and during the relevant point of time, the petitioner was willing to
settle the amount. However, the fact remains that the petitioner approached
the District Consumer Disputes Redressal Forum and the said Forum
dismissed the complaint and thereafter, the petitioner filed the Civil Suit and
the Appeal Suit and both the Civil and Appeal suits were also dismissed.
Thus, the petitioner had adopted the litigative tactics for the purpose of
continuing in possession of the subject property.
15. It is apparently clear that the suit was instituted in the year
2007 and disposed of in the year 2009 and the Appeal Suit was filed in the
year 2012, which was disposed of on 28.02.2014 and by keeping those
litigations pending, the petitioner continue to be in possession of the subject
property without paying any amount to the Housing Board, even the
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WP No.7577 of 2012
monthly instalments. This being the serious irregularity committed by the
petitioner, the petitioner is not entitled to get any relief from this Court.
Thus, this Court is of an opinion that further actions are also to be initiated
against the petitioner.
16. The respondent-Housing Board produced photographs to
establish that the petitioner constructed additional two floors without any
Building Plan Approval from the Competent Authorities. In view of the said
fact, it is necessary to initiate further action against the petitioner. Thus, the
Commissioner, Salem City Municipal Corporation, Salem has been suo motu
impleaded as fourth respondent in the present writ petition to conduct
inspection in the subject property.
17. Accordingly, the fourth respondent-The Commissioner,
Salem City Municipal Corporation, Salem is directed to conduct an
inspection of the subject property, within a period of two weeks from the
date of receipt of a copy of this order and in the event of any illegality,
violations or otherwise, initiation of further actions, including demolition of
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WP No.7577 of 2012
illegal constructions, within a period of four weeks thereafter.
18. The respondents 1 to 3 are directed to evict the petitioner by
following the procedures and recover the arrears of dues from the petitioner
by following the procedures as contemplated.
19. With the abovesaid directions, the writ petition stands
dismissed. However, there shall be no order as to costs. Consequently,
connected miscellaneous petition is also dismissed.
06-12-2021
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
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WP No.7577 of 2012
To
1.The Chairman and Managing Director,
Tamil Nadu Housing Board,
Nandanam,
Chennai – 600 035.
2.The Executive Engineer and Administrative
Officer,
Tamil Nadu Housing Board,
Salem Housing Unit,
Ayyanthirumaaligai,
Salem – 636 008.
3.The Assistant Revenue Officer,
Salem Housing Unit,
Ayyanthirumaaligai,
Salem – 636 008.
4.The Commissioner,
Salem City Municipal Corporation,
Salem.
https://www.mhc.tn.gov.in/judis
WP No.7577 of 2012
S.M.SUBRAMANIAM, J.
Svn
WP 7577 of 2012
06-12-2021
https://www.mhc.tn.gov.in/judis
