R. VIMALA Vs. THE GOVERNMENT OF TAMIL NADU REP. BY THE SECRETARY TO GOVERNMENTHOUSING AND URBAN DEVELOPMENT DEPARTMENT, MADRAS,

JUDGEMENT

(1.) The above writ petition is filed for issue of writ of certiorarified mandamus to call for the records in respect of the impugned G.O.2D.No.405 dated 24.8.1994 Housing & Urban Development Department passed by the first respondent and quash the same and direct the respondents to issue key order in respect of house MIG No.144 allotted to the petitioner by G.O.Ms.No.415 dated 10.5.1990 to the petitioner herein.

(2.) The petitioner was allotted MIG House NO.M.144 by G.O.Ms. NO.415 dated 10.5.1990 . She has also paid the amount as required by the Government order. Subsequently, by G.O.2.D.NO.405 dated 24.8.1994 , the first respondent modified the earlier order in G.O.MS.No.415 dated 10.5.1990 and consequently the allotment made to the petitioner was cancelled on the ground that the petitioner is already having another house and thereby she becomes disqualified to get an allotment under the Housing Board. Challenging this order, the writ petition has been filed.

(3.) Counter has been filed by the respondents stating that originally M.I.G. No.144 in RM Colony , Dindigual was allotted to the petitioner and she had also paid Rs.42,200 towards initial deposit and Rs.1095/ - towards first instalment and Rs.20/ - towards maintenance charge. But the house was not handed over to the petitioner, since the authorities came to know, based on the marriage invitation of one Sekar that one Vadivel was the petitioner's husband and he was owning another house bearing NO.M 7 at R.M. Colony, Dindigul. Hence the petitioner became ineligible to get another house.