P.SIVANESAN Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) Questioning the correctness of the order passed by the learned Single Judge dated 29.04.2008 in W.P.No.46508 of 2006 this Appeal is filed.

(2.) The Writ Petition was filed by the appellants for a Writ of Certiorarified Mandamus calling for the records of the second respondent connected with four impugned letters A.Na.Ko/Survey/4874 dated 10.11.2006 and quash the same and for consequential relief.

(3.) The appellants, allottees of residential flats in the Housing Scheme called "Belly Area Housing Scheme" were utilizing the garage area located along the residential flats for parking purpose. The second respondent by the impugned letters directed them to vacate the garage treating them as encroachment. The reason behind issuing such letter was that the Housing Board had decided to allot the garage area to third parties. The conversion of garage sites into the commercial/residential use had already been approved by the Housing Board and planning permission was also obtained from the Chennai Metropolitan Development Authority. Challenging the impugned letters, the Writ Petitions were filed claiming that the area including the garage was sold to them, and that they have been using the garage for parking for the past several years. Relying upon the sale deed it was contended that the garage was always used as common area for parking and therefore alleged that the conversion of the user of the lands by the respondents is illegal and contrary to the Scheme.