J FRANKLIN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner claims to be a social worker. He has come forward to challenge an order of the 1st respondent State Government made in G.O.2(D) No.211 Housing and Urban Development (Ve.Va 5(1)) Department dated 06.05.2010. By the said Government Order, the Government allotted the Plot No.C-30/A, 8th Cross Street, Kurinji Nagar, Ramapuram, Chennai under the discretionary quota of the State Government to the 4th respondent. It is seen from the said order that originally the said plot was allotted in favour of one T.Sivakumar under the Social Worker category and it was allotted on the basis of payment under the instalment basis. THE said allotment made in G.O.(2D) No.80 dated 3.2.2010 came to be challenged by the petitioner in W.P.No.7819 of 2010. Even during the pendency of the Writ Petition, it transpires that the said Sivakumar informed the Government that he is unable to purchase the plot due to his family circumstances and he requested the Government to cancel the said allotment. Accordingly, when the Government was about to cancel, the 4th respondent, who is an employee working in the Directorate of Collegiate Education department made an application on 26.4.2010 asking for allotment under discretionary quota under the unblemished Government servant category. THE State Government accepting his request issued the impugned G.O., dated 6.5.2010. THE petitioner on seeing the said G.O., sent a legal notice challenging the allotment made in favour of the 4th respondent and thereafter filed the present Writ Petition.

(2.) THE Writ Petition was directed to be posted along with the earlier Writ Petition in W.P.No.7819 of 2010. However, since the allotment in favour of the said T.Sivakumar has been cancelled, the said Writ Petition was dismissed as infructuous. While ordering notice on the Writ Petition, this Court granted an interim stay, which was subsequently extended from time to time.

(3.) THOUGH this Court would have gone into the very question of allotting the plots/houses/flats on the basis of so called Government Discretionary quota, it is unnecessary to do so, since the Government, realising on its own fault, has itself issued G.O.Ms.No.6, Housing and Urban Development Department dated 7.1.2011, abolishing all the quotas from the date of the order, namely 7.1.2011. It is also stated in the said order that henceforth the allotments of all the plots/houses/flats will be converted into Housing Board allotment and they will be disposed of on the basis of the Rules framed by the Housing Board.