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2025 DIGILAW 2868 (MAD)

K. v. Lakshmi VS State rep. by its Secretary to Government of Tamil Nadu Housing & Urban Development Department

2025-07-24

N.ANAND VENKATESH

body2025
ORDER : N. Anand Venkatesh, J. WP.No.32801 of 2024, has been filed for the issue of a writ of mandamus directing the respondents 1 to 3 to consider the representation made by the petitioner and to allot alternative plot to the petitioner either at Maraimalai Nagar or Guduvancherry or Tambaram or Chengalpattu District. 2.W.P.No.34924 of 2024, has been filed for the issue of a writ of mandamus directing the Housing Board to execute sale deed in favour of the petitioner with respect to the subject property and also to cancel the earlier sale deed dated 31.12.2008, which was executed in favour of an impersonator and evict the said person on the ground that he is a trespasser. 3.W.P.No.21279 of 2025, has been filed for the issue of a writ of mandamus directing the Housing Board to consider the representation made by the petitioner on 01.11.2021 and to executive the sale deed in favour of the petitioner. 4.The petitioners in all these three writ petitions were the original allottees in K.K.Nagar Division, in Anna Nagar Division and Besant Nagar Division. There is no dispute regarding this fact and the same is evident from the counter affidavit filed by the Housing Board. The grievance expressed by the petitioners is that due to fraud and forgery, sale deeds have been created with respect to the subject property and the property allotted has been dealt with and therefore all of them are before this Court seeking for appropriate directions. 5.Heard the learned counsel counsel for the petitioners and the learned counsel appearing on behalf of the respondents. 6.Insofar as the petitioner in WP.No.32801 of 2024, the subject property in Plot No.362 was allotted in favour of the petitioner through an allotment letter dated 10.10.1994. The petitioner paid the cost of the plot and also the initial deposit. The petitioner was directed to pay the balance amount in 240 monthly installments. The plot was also handed over to the petitioner on 12.04.1996. The petitioner paid the entire balance amount as on 11.11.2008. 7.The petitioner later came to know that one another person has impersonated the petitioner as if she is K.V. Lakshmi and managed to get the sale deed in her favour on 02.08.2007 which was registered as Document No . 10646 of 2007 before the SRO Chengleput. The petitioner paid the entire balance amount as on 11.11.2008. 7.The petitioner later came to know that one another person has impersonated the petitioner as if she is K.V. Lakshmi and managed to get the sale deed in her favour on 02.08.2007 which was registered as Document No . 10646 of 2007 before the SRO Chengleput. Thereafter, the said plot was sold by one Gnanasundari through a sale deed dated 10.08.2007 registered as Document No.10647 of 2007. Thereafter, a sale deed was executed in favour of Loganathan and Gajalakshmi on 06.02.2008, which was registered as Document No.946 of 2008. 8.It is also evident that the Tamil Nadu Housing Board executed another sale deed in favour of the petitioner on 31.12.2008 registered as Document No.1824 of 2008. On coming to know of the same, the 4th respondent and the said Gajalakshmi gave a representation to the Managing Director of the Tamil Nadu Housing Board. Based on the complaint, an enquiry was conducted and ultimately the sale deed that was executed in favour of the petitioner on 31.12.2008 came to be cancelled on 30.08.2016. Under such circumstances, the petitioner submitted a representation to respondents 1 to 3 on 25.11.2022, requesting for alternative housing plot. 9.Insofar as the petitioner in WP.No.34924 of 2024, the provisional allotment was made on 26.06.1991 and the petitioner paid the initial deposit and the tentative cost and the petitioner was directed to pay the balance amount in installments. The balance amount was also paid by the petitioner as the final cost. Thereafter, the petitioner sent a letter to the Housing Board stating that the plot that was allotted has already been alienated through a sale deed dated 31.12.2008, which was registered as Document No.600 of 2009 by a person who impersonated the petitioner. Immediately, a complaint was sent to the Commissioner of Police. It was found that a fake sale deed has been created on 31.12.2008 and the Housing Board is in the process of taking action against persons who created this bogus sale deed and also to cancel the sale deed. In the counter affidavit, it is stated that the Housing Board will execute the sale deed in favour of the petitioner as and when the bogus sale deed dated 31.12.2008, is cancelled. 10.Insofar as WP.No.21279 of 2025 is concerned, the plot was allotted in favour of the petitioner on 28.10.1997. In the counter affidavit, it is stated that the Housing Board will execute the sale deed in favour of the petitioner as and when the bogus sale deed dated 31.12.2008, is cancelled. 10.Insofar as WP.No.21279 of 2025 is concerned, the plot was allotted in favour of the petitioner on 28.10.1997. After the payment of the entire cost, the petitioner approached the Housing Board for execution of sale deed in the year 2019. The petitioner was informed that a sale deed was already executed for the same plot on 31.08.2005. On enquiry, it was found that the petitioner has been impersonated and some person has managed to get the sale deed executed in his favour. In view of the same, the petitioner had sent a representation to the Housing Board seeking for the execution of sale deed in the name of the petitioner. 11.It is quite unfortunate that in all the three cases which came under three different divisions, there has been impersonation and fraud. This cannot have happened without the connivance of the personnel working in Housing Board. All these petitioners were the original allottees and they had paid the entire cost and instead of executing the sale deed in their favour, in all the three cases, the original allottee has been impersonated and the sale deed has been executed in favour of the fraudster. In the case of the petitioner in WP.No.32801 of 2024, the 4th respondent is now the third purchaser of the property and the original sale deed was managed to be executed in favour of the impersonator on 02.08.2007. 12.It is now too well settled that fraud vitiates the solemn of proceedings and every document which is vitiated by fraud is non-est in the eye of law. In the case of the petitioner in WP.No.32801 of 2024, adding insult to injury, the sale deed that was executed in favour of the petitioner was cancelled and whereas the sale deed which the impersonator managed to get executed in her name continues and the 4th respondent is tracing title from that fraudulent sale deed. Therefore, out of desperation, the petitioner is now seeking for allotment of some alternative plot since the petitioner has waited from the year 1994 onwards. 13.All these cases are a sample of deep rooted fraud that is being committed by some persons with the active connivance of the Housing Board officials. Therefore, out of desperation, the petitioner is now seeking for allotment of some alternative plot since the petitioner has waited from the year 1994 onwards. 13.All these cases are a sample of deep rooted fraud that is being committed by some persons with the active connivance of the Housing Board officials. As a result, the original allottees are made to run from pillar to post and for nearly 20 years, they are not able to enjoy the allotment that was made in their favour. This is a fit case where this Court has to necessarily exercise its extraordinary jurisdiction under Article 226 of the Constitution of India . 14.In the light of the above discussion, these writ petitions are disposed of in the following terms: WP.No.32801 of 2024 (a) There shall be a direction to the 2nd and 3rd respondents to enquire into the genuineness or otherwise of the original sale deed that was executed in favour of the impersonator K.V. Lakshmi on 02.08.2007, which was registered as Document No.10646 of 2007. If this document is a forged and fraudulent document obviously, no title will flow from this document. In such an event, it is the duty of the Housing Board to cancel the original sale deed and as a consequence, all the subsequent sale deeds will fall. The sale deed that was executed in favour of the petitioner on 31.12.2008, which was registered as Document No.1824 of 2009 must be revived. (b) This process should be completed by the 2nd and 3rd respondents within a period of eight weeks from the date of receipt of copy of the order. (c)There shall be a direction to the Housing Board to give police complaint and the same shall be acted upon by the concerned jurisdictional police and the investigation shall be commenced and action shall be taken against the persons behind the creation of the fraudulent sale deed including the officials of the Housing Board who connived in the commission of crime. And ; (d) Ultimately, the 4th respondent is an innocent purchaser for value and the 4th respondent was also a victim of fraud and hence the 4th respondent has to necessarily workout his remedy only against the person from whom he purchased the property. And ; (d) Ultimately, the 4th respondent is an innocent purchaser for value and the 4th respondent was also a victim of fraud and hence the 4th respondent has to necessarily workout his remedy only against the person from whom he purchased the property. This is in view of the fact that the 4th respondent cannot claim a title to the property since the so called title is vitiated due to the fraudulent sale deed that was executed in favour of the person who impersonated the petitioner. WP.No.34924 of 2024 (a) There shall be a direction to the 1st and 2nd respondents to cancel the sale deed dated 31.12.2008, registered as Document No.600 of 2009 and immediate steps shall be taken to execute the sale deed executed in favour of the petitioner. (b) The Housing Board shall follow up the complaint that has already been given to the Police Commissioner and the concerned jurisdictional police shall proceed further with the investigation and take action against the accused persons including the officials of the Housing Board who are responsible for creating the fraudulent sale deed. WP.No.21279 of 2025 (a) There shall be a direction to the respondents to take steps to cancel the sale deed dated 05.09.2025 registered as Document No.7133 of 2005 and steps shall be taken to register the sale deed in favour of the petitioner. (b) The Housing Board shall give a complaint to the police and the jurisdictional police shall immediately take up the investigation and take action against those persons including the officials of the Housing Board who connived in the commission of crime and are responsible for the creation of the fraudulent sale deed. 5.Accordingly, all these writ petitions are disposed of. No costs. Consequently, connected WMPs are closed.