H. Purusothaman v. Tamil Nadu Housing Board, Rep. by the Managing Director, Nandanam, Chennai
2015-04-01
V.M.VELUMANI
body2015
DigiLaw.ai
Judgment This Writ Petition has been filed by the petitioner to direct respondents to complete the formalities, issue regular allotment order in respect of Plot No.C4 under Tenkasi SMT Housing Scheme and hand over possession of the same. 2. According to the petitioner, Plot No.C4 under Tenkasi SMT Scheme was allotted to him vide G.O.(2D) No.80, Housing and Urban Development (V.Va.5(1)) Department, dated 05.04.2005, by the first respondent. The Government directed the Housing Board Authorities to initiate follow up measures. The respondents did not take any step to fix the value of the Plot and did not inform the petitioner about the same. 3. The petitioner and other similarly placed persons filed Writ Petitions in W.P.(MD)Nos.8495 to 8499 of 2007, for a direction to the respondents therein to hand over possession of the plots allotted to them. While the Writ Petitions were pending, the allotment in favour of others were cancelled. But, the allotment of the petitioner was not cancelled. In view of cancellation of allotment order, the Writ Petitions filed to hand over possession were dismissed as infructuous. The writ petition filed by the petitioner was also by inadvertence dismissed as infructuous, even though the allotment of the petitioner was not cancelled. 4. Similarly placed persons filed W.P.(MD) Nos.3854 to 3856 of 2008, challenging the order of cancellation on the ground that no notice was given to them before cancellation. This Court, by an order dated 26.10.2010, allowed the writ petitions and set aside the order of cancellation on the ground that no notices were given to the allottees before cancellation and also granted liberty to the respondents to issue notice and pass orders. 5. As per order passed by this Court, dated 26.10.2010, the petitioner was issued with notice by the second respondent vide proceedings No.H3/1815/05, dated 18.08.2011, calling upon him for a personal hearing. The petitioner attended the personal hearing. The respondents allotted Plots to the other persons viz., A.Pramila and P.Daksha vide proceedings in Lr.No.H3/163/2005, dated 28.06.2012, by fixing the Ruling Rate/Guideline Value/Market Value, whichever is higher as per Rules and Norms in force of Tamil Nadu Housing Board. No order was passed in the petitioner's case. The petitioner was informed by the second respondent that after obtaining orders from the first respondent, a Plot will be allotted to him. So far, no order was passed.
No order was passed in the petitioner's case. The petitioner was informed by the second respondent that after obtaining orders from the first respondent, a Plot will be allotted to him. So far, no order was passed. Therefore, the petitioner has filed the present writ petition for the relief stated supra. 6. The learned counsel for the petitioner filed Additional Typed Set of Papers along with an order of allotment issued to another person viz., A.Pramila. 7. The respondents have not filed any counter affidavit. The learned counsel for the second respondent submitted that the Government by G.O.(Ms)No.6, Housing and Urban Development (V.Va.4.2) Department, dated 07.01.2011, withdrawn the discretionary quota and therefore, prayed for dismissal of the writ petition. 8. Heard the learned counsel appearing for the parties. 9. It is not denied that the similarly placed persons, like the petitioner were also allotted Plots under Government discretionary quota on fixation of cost of the land and even after withdrawal of discretionary quota in the year 2011. The petitioner is also entitled to the same benefit. There is no reason to deny the benefit to the petitioner. Therefore, the writ petition is allowed directing the respondents to complete the formalities, issue regular allotment order and hand over possession to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.