Madras High Court
The Executive Engineer vs K.Vivekanandhamoorthy on 7 June, 2021
W.A.(MD)No.1071 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1071 of 2021
and
CMP(MD).Nos.4787 of 2021
The Executive Engineer
and Administrative Officer,
Trichy Housing Unit,
Tamilnadu Housing Board,
Rajamalai Colony,
Trichy-620 020. ... Appellant/3rd respondent
Vs.
1. K.Vivekanandhamoorthy
2. The Director of Horticulture,
Ezhilagam,
Chepauk, Chennai-600 005.
3. The Deputy Director of Horticulture,
First floor in J.D.A.Office complex,
Manarpuram, Trichy - 620 020.
... Respondents 2 and 3
/Respondents 1 & 2
https://www.mhc.tn.gov.in/judis/
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W.A.(MD)No.1071 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.9314 of 2016, dated 19.05.2016.
For Appellant : Mr.V.Sivaramalingam
For Respondents : Mr.R.Baskaran,
Government Counsel
for R2 and R3
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.V.Sivaramalingam, learned Counsel appearing for
the appellant and Mr.R.Baskaran, learned Government Counsel appearing for
the respondents 2 and 3.
2. This Writ Appeal filed by the Tamilnadu Housing Board is directed
against the order dated 19.05.2016 made in W.P.(MD) No.9314 of 2016. The
matter concerns levy of penal rent for not vacating the quarters allotted to the
contesting respondent. So far as recovery of penal rent by the Tamilnadu
Housing Board is concerned, we find that the appellate Board was not heard by
the learned Writ Court and they were marked as none appeared for the appellant
and the writ petition has been allowed.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1071 of 2021
3. The terms and conditions of the employment are very clear and
while allotting the Government Quarters either from the pool of quarters as
made available by the Housing Board or from the pool of quarters made
available by the Public Works Department, any overstay of in the quarters will
automatically invite penal rent. Therefore, the writ petition could not have been
allowed without notice to the appellant-Housing Board.
4. For such reason alone, we allow this appeal and set aside the order
passed in the writ petition and restore the writ petition namely W.P.(MD) No.
9314 of 2016, to the file of the learned Single Judge of this Court to be heard
and decide afresh. Consequently, connected M.P is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 07.06.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1071 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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To
1. The Director of Horticulture,
Ezhilagam,
Chepauk, Chennai-600 005.
2. The Deputy Director of Horticulture,
First floor in J.D.A.Office complex,
Manarpuram, Trichy - 620 020.
W.A.(MD)No.1071 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
