S. GANESAN Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) This Writ Appeal is directed against the order of the learned Single Judge dtd. 30/11/2021 dismissing the writ petition filed by the appellant in W.P.No.16149 of 2020 filed for issuance of a Writ of Certiorarified Mandamus to quash the impugned order of the 4th respondent dtd. 19/10/2020 and consequential order dtd. 14/10/2020 passed by the 2nd respondent and to direct the 1st respondent to register the sale deed in favour of the appellant in respect of Plot No.PC-16, MMDA Colony, Arumbakkam, Chennai.

(2.) A commercial plot bearing Plot No.PC-16 at Arumbakkam Village belongs to the Tamil Nadu State Housing Board was brought to public auction. It is not in dispute that the appellant became the successful bidder in the auction conducted in the year 1986 by the 3rd respondent and he was allotted the commercial plot for a sum of Rs.4,78,921.95. As per the terms and conditions, the appellant was directed to pay 25% of the cost of plot amounting to Rs.1,19,731.00 towards initial deposit as per the provisional order of allotment dtd. 23/12/1986. However, due to financial constraints, it is stated by the appellant that he was unable to pay the said amount despite

(3.) However, the appellant submitted a representation on 27/1/1988 seeking extension of time to pay the initial deposit. The 2nd respondent, by communication dtd. 22/11/1993, permitted the appellant to pay the initial deposit along with interest @ 12% p.a. and revocation fee of Rs.5,000.00. It is admitted that the appellant paid a partial amount and agreed to pay the remaining amount with interest as suggested. It is stated by the appellant that, upon partial payment, the 2nd respondent passed an order dtd. 4/2/1994 revoking the order of cancellation of allotment.