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Madras High CourtWP/26981/2022dismissed

Suruttaiyan v. Tamil Nadu Housing Board

2024-06-18Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.26981 of 2022 and W.M.P.No.26195 of 2022 Suruttaiyan

...Petitioner

-Vs1. TamilNadu Housing Board, Rep. by its Managing Director, Nandanam, Chennai-600 035.

2. The Secretary & Personnel Officer, TamilNadu Housing Board, Nandanam, Chennai-600 035.

3. The Executive Engineer & Administrative Officer, TamilNadu Housing Board, Hosur Housing Unit, Bagalur Road, Hosur, Krishnagiri District - 635 109.

4. G.Suryanarayanan ... Respondents (R4 impleaded vide order in W.M.P.No.6849 of 2024 dated 18.06.2024 by GKIJ) Prayer: Writ Petition filed under Article 226 of the Constitution of India for 1/6

issuance of a Writ of Mandamus directing respondents to re-allot the house M.I.G.93 (Type 31/94), House No.M 93 at Phase-VI, Avalappalli Scheme, Hosur N' hood scheme to the petitioner as per revocation committee decision dated 13.11.2009 with penalty fee within a time frame as fixed by this Hon'ble Court.

For Petitioner : Mr.M.P.Saravanan For Respondents 1 to 3 : Mr.D.Veerasekaran Standing Counsel For Respondent 4 : Mr.G.M.Ananthakumar

ORDER

This Writ Petition has been filed for direction directing the respondents 1 to 4, to re-allot the house Plot M.I.G-93 (Type 31/94), House No.M 93 at Phase-VI, Avalappalli Scheme, Hosur N' hood scheme to the petitioner.

2. The third respondent was allotted the house M.I.G.93 (Type 31/94), House.M 93 at Phase-VI, Avalappalli Scheme, Hosur N' hood 2/6

scheme to the petitioner by allotment order dated 11.11.1996 for a sum of Rs.3,40,900/- and directed the petitioner to pay the cost of the house to the tune of Rs.1,19,500/- towards initial deposit. However, the petitioner made default of payment and as such the order of allotment was cancelled on 30.03.2010. Thereafter, the petitioner made several request for re-allotment of the house. Therefore, the petitioner was served with notice to pay the monthly installment arrears. However, the petitioner failed to pay the same and as such the allotment order was cancelled on 12.09.2002 itself. Thereafter, the possession of the house was taken over by the respondents as early as on 17.06.2004 under due process of law.

Subsequently, the petitioner made representation to revoke the cancellation order and willing to pay the balance amount including revocation fees if any. The said communication has been placed before the Committee meeting to approve, to revoke the cancellation order. Even then, the petitioner failed to comply the conditions imposed by the respondents. Thereafter, the subject property was allotted in favour of the 4th respondent on 21.11.2022.

3. Therefore, the representation submitted by the petitioner 3/6

seeking re-allotment of the subject property in his favour cannot be considered. Hence, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 18.06.2024 (1/2) Index : Yes/No Speaking/Non-Speaking Order gvn To

1. The Managing Director, 4/6

TamilNadu Housing Board, Nandanam, Chennai-600 035.

2. The Secretary & Personnel Officer, TamilNadu Housing Board, Nandanam, Chennai-600 035.

3. The Executive Engineer & Administrative Officer, TamilNadu Housing Board, Hosur Housing Unit, Bagalur Road, Hosur, Krishnagiri District - 635 109.

5/6

G.K.ILANTHIRAIYAN,J.

gvn 18.06.2024 (1/2) 6/6