IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:08.10.2009 CORAM: THE HON'BLE MR.JUSTICE P.JYOTHIMANI and THE HON'BLE MR.JUSTICE R.SUBBIAH WRIT APPEAL NO.1071 OF 2009 and CONNECTED MISCELLANEOUS PETITIONS .. Tamilnadu Government Office Assistant and Basic Servants Central Association rep. By the General Secretary Regn.No.535/45 30/182, Jegajeevanram Salai Chepauk, Chennai 5. .. Appellant/Petitioner vs. 1.The State of Tamilnadu rep. By the Secretary to Government Personnel & Administrative Reforms Department Secretariat, Chennai 9. 2.The Tamilnadu Housing Board rep. By the Chairman & Managing Director, 493, Anna Salai Nandanam, Chennai 35. 3.The Executive Engineer and Administrative Officer Tamilnadu Housing Board 493, Anna Salai Nandanam, Chennai 35. .. Respondents/Respondents Writ appeal is filed under Clause 15 of the Letters Patent Act against the order passed in W.P.No.13380 of 2009 dated 16.7.2009. Petition praying for the issuance of writ of mandamus directing the respondents to allot the proper alternative site to the members of the petitioner association so as to enable them to attend their duty in their respective Govt., Offices before evicting them from the present place Foreshore Estate, Chennai. https://hcservices.ecourts.gov.in/hcservices/ For appellant : Mr.R.Singgaravelan For respondents : Mr.P.Wilson Addl.Advocate General assisted by Mr.K.Chelladurai Standing Counsel for TNHB. .. JUDGEMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) By consent, the main writ appeal itself is taken up for final disposal. 2. Heard Mr.R.Singgaravelan, learned counsel appearing for the appellant/writ petitioner and Mr.P.Wilson, learned Additional Advocate General for the respondents. 3. The above appeal arises from the order of the learned Judge on the writ side dated 16.07.2009 passed in W.P.13380 of 2009. In the said order, the learned Judge, while dismissing the writ petition filed by the petitioner association, has clearly held that the members of the petitioner Association have no right to remain in possession of various portions in the Foreshore Estate, occupied by the Government servants. Now, the appellant Association has filed an application in M.P.No.2 of 2009 to grant time till 07.11.2009 to vacate the respective premises. 4. Mr.P.Wilson, learned Additional Advocate General would submit that the respective portions which are in occupation of the members of the appellant Association are in highly dilapidated condition and there is every possibility for the buildings to get collapsed at any point of time. He would also submit that the Association has filed a writ petition of course with a list of members annexed and it is not known as to whether the members of the said list enclosed in the writ petition are members of the other association, in respect of which the matter has already been disposed of. He would submit that today morning the Tamil Nadu Housing Board has sealed 110 premises. 5.Mr.R.Singgaravelan, learned counsel appearing for the appellant/petitioner Association would submit that each of the occupants in respect of 110 portions will be filing an affidavit of undertaking stating that they would vacate the respective portions in their occupation and deliver the vacant possession to the respondents on 20.10.2009 and also stating that in the meantime if any untoward incident happens, they would be solely responsible and further stating that they would prefer either to go for the temporary tenements at Semmancheri or alternatively to receive an amount of https://hcservices.ecourts.gov.in/hcservices/ Rs.25,000/- offered by the Government, which would be repayable by each of the Government servants at the rate of Rs.1,000/- per month. 6. In such circumstances and taking note of the fact that on earlier occasion, while disposing of W.A.No.948 of 2009, the Division Bench consisting of P.K.Misra,J. (as He then was) and R.Subbiah,J. directed the persons in occupation to vacate the premises by giving extension of time upto 15.09.2009, this writ appeal is disposed of with the following directions: (i)Each of the members of the petitioner Association, who are the authorised occupants of 110 tenements, which has been locked by the respondents Housing Board shall file an individual unconditional affidavit of undertaking to the effect that they would vacate the premises voluntarily by 20.10.2009; (ii)Such affidavit shall contain a specific clause to the effect that the individual member would opt for the Semmancheri temporary tenement or for the alternative option given by the Government, i.e., to receive the payment of Rs.25,000/- to be repayable by the Government servant concerned at the rate of Rs.1000/- per month; (iii)Further, the affidavit shall contain a clause to the effect that till 20.10.2009, if whatever untoward incident happens in the portions in their occupation, they alone would be responsible; (iv)On filing such affidavit, the respondents Tamil Nadu Housing Board shall forthwith open the premises and deliver the same to the individual occupants. (v)It is made clear that such an affidavit shall be filed only by the authorised occupant/members to whom the original allotment was made. (vi)On failure of filing such affidavit of undertaking by the authorised occupants, it will be open to the respondents Tamil Nadu Housing Board to take coercive steps for taking possession of the premises. (vii)It is further made clear that the authorised occupants, as stated above shall mean the members found in the list which is enclosed in the writ appeal papers, viz., 121 persons. (viii)The officials of the Tamil Nadu Housing Board shall receive the affidavit of undertaking as stated above from the authorised occupants from today onwards. https://hcservices.ecourts.gov.in/hcservices/ (ix)It is further made clear that out of 121 members given in the list, if any of the occupants voluntarily vacated in the manner known to law, this order will not apply to him/her. (x)After completion of the construction of new tenements, it is for the Housing Board to allot the portions to the Government Servants according with their seniority. No costs. Connected miscellaneous petitions are closed. Sd/- Asst.Registrar /true copy/ Sub Asst.Registrar kh To 1.The Secretary to Government State of Tamilnadu Personnel & Administrative Reforms Department Secretariat, Chennai 9. 2.The Chairman & Managing Director, Tamilnadu Housing Board 493, Anna Salai Nandanam, Chennai 35. 3.The Executive Engineer and Administrative Officer Tamilnadu Housing Board 493, Anna Salai Nandanam, Chennai 35. +1 cc to Mr.R.Singgaravelan, Advocate, SR.No.52224 +1 cc to Mr.K.Chelladurai, Advocate, SR.No.52225 JUDGEMENT IN W.A.NO.1071 OF 2009 SAI {CO} TP/8.10.2009. https://hcservices.ecourts.gov.in/hcservices/