MANIMEGALAI Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) This writ petition has been filed challenging the letter dated 11.01.2010 passed by the first respondent revoking the cancellation of the allotment made in favour of the petitioner for House bearing No.M1/8, MIG Kottakoundanpatty projects, Salem subject to the payment of Rs.6,36,540/- within a period 60 days from the date of receipt of a copy of the impugned letter.

(2.) The case of the petitioner is that she was allotted a residential house bearing No.M1/8, MIG Kottakoundanpatty projects, salem by the Tamil Nadu Housing Board on 30.06.1999 at a total cost of Rs.2,69,300/-. According to her, as per the allotment order, she was directed to pay 10% as advance and the same was also paid by her. It is her case that subsequently, she has paid a sum of Rs.1,18,766/- in instalments till December 2000 and thereafter, due to personal reasons, she could not continuously remit the instalment amount to the second respondent. According to her, she was evicted from her house by the officials of the second respondent on 25.12.2000 and thereafter, the second respondent has sealed the residential house allotted to her due to non-payment of dues. It is also the case of the petitioner that the allotment was also cancelled.

(3.) According to her, she received the impugned communication dated 11.01.2010 from the first respondent stating that the cancellation made against her dwelling house allotted to her is revoked and she was directed to pay a sum of Rs.6,35,540/- within 60 days for reallotment of the house in her favour. According to her, she submitted a representation dated 07.03.2010 to the first respondent requesting them to consider the fact that the residential house was surrendered by her on 25.12.2000 itself and the same remained unoccupied and therefore, the interest imposed for the period of non-occupation may kindly be waived. According to her, despite her representation, no reply has been received from the first respondent for the request made by the petitioner with regard to the waiver of interest. In such circumstances, this writ petition has been filed. Subsequent to the filing of the writ petition, pursuant to the interim order granted by this Court, the petitioner has also paid a sum of Rs.1,50,550/- to the Tamil Nadu Housing Board, in all, a total sum of Rs.2,69,316/- has been paid