K G DEVIVIJAYASHREE Vs. TAMILNADU HOUSING BOARD

JUDGEMENT

(1.) The prayer in the writ petition is to issue a writ of Certiorarified Mandamus to call for the records relating to the proceedings C/931/96 dated 25.1.2001 of the 3rd respondent and quash the cancellation of the allotment as illegal and direct the respondents to confirm the petitioner's right over the property bearing plot No.4/211, A1 J.J.Nagar, West Mogappair, Anna Nagar, Chennai by executing necessary conveyance deed in favour of the petitioner.

(2.) In the affidavit filed in support of the writ petition, the petitioner states that in the year 1986, the respondent allotted a portion to the petitioner in Mogappair West Division bearing Plot No.4/211 under A1 Group, measuring about 30' x 13', ad-measuring 390 sq. feet, for which the respondent fixed the value at Rs.4,100/- which is payable in monthly installment at Rs.45/- per month for 240 months; that the respondent handed over the plot to the petitioner on 26.8.1986, and according to the scheme, the total sum payable is at Rs.10,800/-; that by letter dated 4.11.1989 the respondents permitted the petitioner to pay the said monthly instalment from 2.1.1989 and issued a passbook and on the basis of the allotment of plot, the Ambattur Municipality, by its proceedings dt.26.8.1986, permitted the petitioner to construct a house on the plot and the plan was approved; that though the petitioner was entitled to pay the amount by instalment at Rs.45/- p.m. she made the following sums as per the statement shown below: 244.htm

(3.) The further case of the petitioner is that even after the stipulated period of 20 years, the petitioner paid the entire instalment as per the terms and conditions; that even after the petitioner remitting the amount, the respondents issued letter dated 16.9.1991 stating that the petitioner's allotment was already cancelled due to non-payment of amount, and called upon her to remit a sum of Rs.250/- towards revocation fee along with the monthly instalment to revoke the cancellation order; that she did not receive any letter cancelling the allotment for non-payment of monthly arrears of installments; that though the petitioner has disputed the said revocation, she paid the revocation fee of Rs.250/- + Rs.65/- + Rs.85/- as directed by the respondents; that thereafter on 25.10.1991, the respondents issued a letter stating that the petitioner had not put up any construction over the property and called upon her to show cause as to why the allotment should not be cancelled, for which the petitioner replied that due to rainy season, she was unable to put up construction and requested the respondents to issue a NOC for the payments made so far so as to obtain bank loan to commence the further construction, since the bank insisted her to get NOC in order to sanction loan, but the respondents failed to do so; that in the meantime, the respondents gave a letter dt.27.4.2000 cancelling her allotment.