Subbu.K v. The Managing Director/Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP(MD).Nos.16154 and 16156 of 2021 K.Subbu ... Petitioner Vs.
1. The Managing Director/Chairman, Tamil Nadu Housing Board, CMDA Complex E & C Market Road, Koyambedu, Chennai - 107.
2. The Administrative Officer/Divisional Manager, Madurai Housing Unit, Ellis Nagar, Madurai - 625 016.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent dated 02.11.2020 and quash the same as illegal and consequently direct the respondents 1 and 2 to allow the petitioner to settle the dues with three installments as time frame fixed by this Court and direct the second respondent to give re-allotment order of the plot No.L-0009 allotted to him in Theni Phase II Scheme.
For Petitioner : Mr. S.Arivalagan For Respondents : Mr.Mahaboob Athiff
O R D E R
The petitioner assails an order dated 02.11.2020 by which his allotment was cancelled by the Tamil Nadu Housing Board (in short the TNHB). The petitioner states that an allotment was made in his favour on 16.02.2011. The admitted position is that the EMI was remitted regularly till 2015. In such circumstances, by the impugned order dated 02.11.2020, the allotment was cancelled. The order of cancellation indicates that EMI was not paid since 2015.
2. Mr.Mahaboob Athiff, learned Standing Counsel for the TNHB, accepts notice on behalf of all the respondents. On instructions, he submits that the relevant plot is being re-auctioned. The 1/3
'Kulukkal' in respect thereof took place today. Further proceedings are envisaged on 08.11.2021. He further submits that the allotment is a non-statutory contractual allotment. Therefore, he submits that interference with the order of cancellation is not warranted especially in light of the fact that the petitioner is an admitted defaulter.
3. The respondents also state that the Rules of the TNHB provide for an application for revocation of cancellation to a duly constituted committee. Therefore, it is submitted that if such application is made by the petitioner, the same would be considered and disposed of within the time limit specified by the Court.
4. Given the fact that the auctioning of the plots has commenced, it is just and necessary that the consideration of the petitioner's request for revocation of cancellation be completed quickly.
5. In the above facts and circumstances, W.P(MD).No.19435 of 2021 is disposed of by permitting the petitioner to file an application before the respondents for revocation of the cancellation order dated 02.11.2020. Such application shall be submitted within a period of one week from the date of receipt of a copy of this order. Upon receipt thereof, the respondents are directed to consider such application by convening a meeting of the relevant committee and dispose of the same within a period of thirty (30) days from the date of receipt of such application. Until such time, while the auction proceedings may continue, as regards the plot allotted to the petitioner, no allotment shall be confirmed in favour of any party pending the decision on the petitioner's application for revocation of the cancellation order. There will be no order as to costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To
1. The Managing Director/Chairman, Tamil Nadu Housing Board, CMDA Complex E & C Market Road, Koyambedu, Chennai - 107.
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2. The Administrative Officer/Divisional Manager, Madurai Housing Unit, Ellis Nagar, Madurai - 625 016.
+1 CC to M/s.S. ARIVALAGAN, Advocate ( SR-33134[F] dated 28/10/2021 ) 27.10.2021 RK/SKN(19/11/2021) 3P 4C 3/3