M NATARAJAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners pray for a Writ of Certiorarified Mandamus to call for the records relating to the order of the 3rd respondent dated 21 -1 -1997 to quash the same and to direct the respondents to sell the House Nos. 2. 3, 8, 11 and 16 in LIG, in Kamarajar Colony at Nagapattinam Municipality to petitioners 1 to 5.

(2.) The following facts are necessary for the disposal of the Writ Petition : The petitioners were allotted the respective houses in Kamarajar Colony, at Nagapattinam Municipality at different points of time, during the period from 1967 to 1970, on rental basis.

(3.) The group of houses constructed under the Lower Income Group Scheme were allotted to the employees of the Nagapattinam Municipality on rental basis. Though the construction was intended to be quarters for the employees of the Municipality, as the colony was established at a remote place, the employees of the Municipality were not interested in occupying the same. Therefore, the vacant houses were allotted in favour of some private persons also who are not working under the Municipality. According to the petitioners, the Nagapattinam Municipality passed a resolution on 19-8-1978 recommending the sale of the houses on hire purchase scheme to the Employees of the Municipality who have been allotted the houses. The petitioners contend that though in G.O.Ms. No. 1740, Rural Development and Local Administration Department, dated 16-10-1981, the Government imposed a ban on such selling of the plots to private persons, the Municipalities were permitted to sell the plots to its employees. Accordingly, the houses in occupation of the Municipal employees were sold to them under the hire purchase scheme for a sale consideration of Rs. 8,674.