N VASANTHA Vs. CHAIRMAN TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) The petitioners, pursuant to the advertisement for allotment of independent houses developed, promoted and constructed by the respondents in Edapadi-Phase-II-Stage-II for Higher Income Group, applied for the same and they were allotted independent houses bearing Door Nos.A149 and A150, by proceedings dated 30.10.2000 and 25.8.2000 respectively. The tentative cost of the house were fixed at Rs.6,89,600/- and 6,94,200/- respectively and the petitioners were directed to pay 35% of the tentative cost, viz. a sum of Rs.2,75,000/- and Rs.2,77,680/- respectively, as advance. On compliance of the formalities required by the respondents, the payment of balance amount in monthly instalments under hire purchase agreement, the petitioners were given possession of the respective houses.

(2.) Thereafter, the respondents issued an advertisement in the dailies on 15.6.2002 proposing to sell unsold houses on first-come-first basis. In the advertisement, it was made clear that the allotment of the unsold houses notified in the advertisement shall be made on first-come-first basis, without any restriction to apply for the unsold house. The advertisement also carries the rate of the unsold houses, wherein the tentative cost of the unsold HIG house was fixed at Rs.4,83,000/-.

(3.) Placing reliance on the advertisement notifying the tentative cost of the unsold HIG houses as Rs.4,83,000/-, the petitioners made a representation to the respondent-Board to reduce the tentative cost of the houses allotted to them at Rs.6,89,600/- and 6,94,200/- respectively. Alleging that the respondent-Board had not considered their request, the petitioners made a further representation to the Hon'ble Chief Minister on 24.6.2002 and 18.6.2002 respectively, requesting to reduce the tentative cost of the houses allotted them, which was forwarded to the respondent-Board, who, by proceedings dated 22.7.2002 and 28.6.2002 respectively, which is impugned in these writ petitions, informed that the petitioners are not entitled to any reduction of the tentative cost as in the case of the reduced tentative cost notified for the unsold HIG houses.