Guidelines to evict overstaying allottees must be framed: Madras High Court

Time has come to direct the State to show sensitivity to the issue relating to eviction of persons residing in government houses even after retirement or the death of the original allottee, a Division
Madras High Court (File photo)
Madras High Court (File photo)

CHENNAI: Time has come to direct the State to show sensitivity to the issue relating to eviction of persons residing in government houses even after retirement or the death of the original allottee, a Division Bench of the Madras High Court has observed. The Supreme Court had directed judges, ministers, legislators and public servants to vacate the official residences within a month from the date of superannuation and issued detailed guidelines for compliance.

Failure on the part of the State government to frame appropriate guidelines in tune with the directives of the Supreme Court is taken advantage of by the allotees and their legal heirs to continue occupying the official residences even after the date of retirement and in cases like the one on hand, even after the death of the original allottee, a Bench of Justices K K Sasidharan and P Velmurugan said recently. The Tamil Nadu Housing Board (TNHB) had allotted a residential house at Nandanam Colony in Chennai to Rathinam, who was then serving as a Superintendent in the office of the Accountant General in 1966.

The allottee died on November 30, 2003, and his wife pre-deceased him. Manimegalai, the daughter, continued to occupy the house. The board initiated proceedings for eviction by issuing notice from January 2007. The legal battle fought by Manimegalai for over a decade ended in February 2010, when the High Court upheld the eviction order of the board.

However, notwithstanding the undertaking given to the court to vacate the premises in six months, the woman continued to stay in the house and filed the present appeal on multiple grounds. The Bench dismissed the appeal. It, however, granted time till July 31 to vacate the premises. If she continued to stay beyond that date, the board can evict the appellant, the Bench added. The Bench also directed the State government to frame appropriate regulations regarding the allotment and surrender of government accommodation in the light of the directive and guidelines given by Supreme Court in S D Bandi case.

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