Petitioner sought to quash Housing Board's order cancelling his flat allotment due to non-payment of balance consideration. Court found no ground to interfere with the cancellation but directed refund of remaining paid amount to petitioner.
Dismissal of writ petition; direction to refund Rs.1,77,397/- to petitioners within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.07.2019
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM
W.P.No.11014 of 2008 & M.P.No.2 of 2008
Mr.N.Mariappan
2.Bhoopathy
3.Murugaraj
4.Senthil Kumar
5.Sakthipriya ... Petitioners
(Petitioners 2 to 5 are substituted as
legal representatives of the deceased
first petitioner vide order dated 19.07.2018
in M.P.No.1 of 2014 in W.P.No.11014 of 2008)
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary,
Housing Board and Urban
Development Department,
Fort St. George, Chennai - 9.
2.The Executive Engineer and
Administrative Officer,
K.K.Nagar Division,
Tamil Nadu Housing Board,
Ashok Nagar, Chennai - 93.
3.Mr.Ravivarma ... Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the records of the second respondent in G.O.(2D)No.152, Housing Board and Urban Development (Ve.Va./5(1) Department, dated 18.06.2007, quash the same and consequently direct the second respondent to reallot the flat at HIG B-1 at Major Trustpuram, which was originally allotted to the petitioner.
For Petitioner : Mr.S.Mohana Sundara Rajan For Respondents: Mr.A.Ansar Government Advocate for R1
Mr.R.Bharath Kumar Standing Counsel for R2
Mr.G.S.Mohanfor R3
ORDER
The petitioner has come forward with this Writ Petition to quash the proceedings of the second respondent vide G.O.(2D) No.152, Housing Board and Urban Development (Ve.Va./5(1) Department, dated 18.06.2007, whereby the allotment of flat made in favour of the petitioner was cancelled.
2.The Executive Engineer and Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, Ashok Nagar, Chennai - 93.
+1 CC to Mr.R.Bharath Kumar, Advocate sr 60312. +1 CC to Mr.G.S.Mohan, Advocate sr 59507. W.P.No.11014 of 2008 & M.P.No.2 of 2008 RSI(CO) SP(16/08/2019)
2 issues framed by the court
Whether the Writ Court should interfere with the Housing Board's order cancelling the flat allotment due to non-payment of balance consideration.
Whether the order cancellation of allotment should be quashed, directing reallotment to the petitioner.
3 provisions across 3 enactments
Mr. N. Mariappan
The State of Tamil Nadu
Mr. Ravivarma
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
