S BOSE Vs. SECRETARY TO THE GOVERNMENT OF TAMILNADU HOUSING AND URBAN DEVELOPMENT DEPARTMENT FORT ST GEORGE MADRAS 9

JUDGEMENT

(1.) THE writ petitioner challenges an order of the second respondent dated 11.10.1990 by which the order of cancellation was passed in Anna Nagar Scheme.

(2.) PLOT No.3623-G-11 measuring about one ground and 900 sq.ft. which was earmarked for the service industries in the lay-out was allotted to the petitioner herein the first respondent State by its order in G.O.Ms.No.1904 dated 14.12.1987. Based upon the said order, allotment was made to the petitioner on 11.4.1988 on payment of l/3rd cost of the plot on 7.4.1988 by the petitioner. The said plot was handed over petitioner on 22.4.1988 and he executed the lease cum sale agreement on 23.4.1988. stage, by order dated 13.11.1989 the second respondent cancelled the allotment petitioner and it was challenged by the petitioner in W.P.No.15779 of 1989 and this court order dated 28.11.1989 allowed the said writ petition giving liberty to the second respondent to dispose of the matter afresh giving an opportunity to the petitioner. In the meantime seems the petitioner was transferred to Hyderabad and on his transfer back to Madras applied for "no objection certificate" in the month of February, 1988. No action has taken on the request of the petitioner and he did not commence his work. A show notice was issued to the petitioner on 4.5.1990 and he filed his objections on 21.5.1990 also appeared for personal enquiry on 11.7.1990. By the impugned order, the allotment made in favour of the petitioner on 11.4.1988 has been cancelled on the ground that allotment made was irregular. The petitioner preferred an appeal to the first respondent 24.10.1990 along with an application praying for stay. Since no stay has been granted, petitioner is before me with the above writ petition.

(3.) THE first respondent has not filed a counter affidavit.