IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:21.08.2009 CORAM: THE HON'BLE MR.JUSTICE P.JYOTHIMANI WRIT PETITION NO.16446 OF 2009 AND M.P.NO.1 OF 2009 .. A.Madasamy .. Petitioner vs. 1. State of Tamil Nadu rep. By its Secretary Housing and Townplanning Development Department Secretariat, Chennai 600 009. 2. Managing Director Tamil Nadu Housing Board Nandanam, Chennai 600 036. 3. Executive Engineer Tamil Nadu Housing Board Nandanam Division Chennai 35. .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus as stated therein. For petitioner : Mr.N.G.R. Prasad for M/s.Row & Reddy For respondents : Mr.A. Vijayakumar .. ORDER By consent, the writ petition itself is taken up for final disposal. 2. Heard the learned counsel for the petitioner as well as the standing counsel for the Tamil Nadu Housing Board. 3. This writ petition is for direction against the respondents to break open the lock of premises No.B.1/46, Housing Unit, TNHB Government Employees Quarters, 1st Main Road, Ramakrishna Nagar, Chennai 28, to enable the petitioner to occupy the same till he is evicted by the respondents after giving him reasonable notice and time to vacate the same. https://hcservices.ecourts.gov.in/hcservices/ 4. The petitioner has joined in the Government Department and lastly he worked as a Senior Superintendent, Pay and Accounts Office (North), Treasuries and Accounts Department, Chennai 1. Till 21.06.1999, he was occupying the Government quarters at No.AA-10, Foreshore Estate and later on he was allotted the present quarters, viz., B-1/46, Housing Unit, TNHB Government Employees Quarters, 1st Main Road, Ramakrishna Nagar, Chennai 28 and occupying the said tenament till the second respondent forcibly locked and sealed the premises on 31.07.2009. It is the case of the petitioner that he has retired from Government Service on 31.08.2006 and till 31.11.2008, the Government permitted him to occupy the quarters and subsequently, it has been extended periodically to occupy the same till November,2008. The petitioner has paid the rent upto 31.05.2009. 5. Mr.N.G.R. Prasad, learned counsel appearing for the petitioner submits that the petitioner has already made arrangements for occupying a rental premises and he will vacate and hand over the vacant possession of the Government Quarters referred to above on or before 15.09.2009 and the petitioner is willing to file an affidavit to that effect before the respondents. 6. Accordingly, the writ petition is disposed of with direction to the second respondent to forthwith break open the lock of premises No.B-1/46, Housing Unit, TNHB Government Employees Quarters, 1st Main Road, Ramakrishna Nagar, Chennai 28, and hand over the same to the petitioner on filing an affidavit of undertaking, clearly stating that he will hand over the vacant possession of the said portion on or before 15.09.2009 without creating any further encumbrance or letting out the same to any other third party to enter into the said place. No costs. Connected miscellaneous petition is closed. Kh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Secretary State of Tamil Nadu Housing and Townplanning Development Department Secretariat, Chennai 600 009. https://hcservices.ecourts.gov.in/hcservices/ 2. The Managing Director Tamil Nadu Housing Board Nandanam, Chennai 600 036. 3. The Executive Engineer Tamil Nadu Housing Board Nandanam Division Chennai 35. • 1 cc to M/s. Row & Reddy, Advocate SR No.40874 KJ(CO) SR/29.8.2009 W.P.No.16446 of 2009 https://hcservices.ecourts.gov.in/hcservices/