K SARASWATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The challenge in this writ appeal is to the order passed by the learned single Judge in W.P.No.21985 of 2002 dated 23.10.2008, confirming the order passed by the first respondent dated 29.04.2002 in G.O.(D).No.259, Housing and Urban Development Department, Government of Tamilnadu.

(2.) The matter relates to rejection of request for transfer of allotment of a house by the Tamil Nadu Housing Board under public rental category.

(3.) The appellant is the widow of one Kodambakkam Kumar, who was allotted a residential accommodation by the Tamilnadu Housing Board (hereinafter referred to as "Housing Board") at Door No.11, Model House Road, C.I.T. Nagar, Chennai. While the allottee was in possession and enjoyment of the house, he died on 18.09.2000. Thereafter, the appellant filed an application to transfer the accommodation in her name. However, there was no follow up action taken by the second respondent. In the meantime, the second respondent issued a notice dated 07.02.2001 calling upon the appellant to show cause as to why she should not be evicted from the premises. Though the appellant submitted a reply to the said notice, it was not considered favourably by the second respondent and ultimately an order was passed on 23.08.2001 directing her to vacate the premises within a period of thirty days from the date of receipt of the order. The said order was challenged before the first respondent invoking Section 86 of the Tamil Nadu State Housing Board Act, 1961. The appeal was ultimately dismissed as per the impugned order dated 29.04.2002. Feeling aggrieved, the appellant is before this Court.