K MUTHUKRISHNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE appellant has filed the present appeal against the order of the learned single Judge made in W. P. No. 17036/97 dated 27. 11. 1997, having dismissed the writ petition filed by the appellant on the ground of laches.

(2.) THE appellant was an allottee of a plot in No. 287-B in anna Nagar West Extension belonging to the second respondent. THE said allotment was made by the second respondent by order dated 26. 8. 1988. Under the said order, the appellant was allotted less than half a ground of land, i. e. , 1075 sq. ft with a cost of Rs. 41,250/- and he was directed to pay one third cost amounting to a sum of Rs. 13,750/ -. Accordingly, the appellant paid the said amount and possession was handed over to him. However, without notice to the appellant, the said allotment was sought to be cancelled. THE appellant filed writ petition being W. P. No. 16262 of 1989 challenging the cancellation. THE said writ petition was allowed by the learned single Judge vide order dated 08. 02. 1990 on the ground that the appellant was not given any notice cancelling the allotment and all the contentions were left open. In the meanwhile, the said allotment was cancelled on the ground that the land allotted to the appellant was required for public purpose.

(3.) WITH reference to the first issue, the Division Bench held in paragraph 3 as follows:- Para 3: ". . . Therefore, it is not possible to hold that allotment of sites to the writ petitioners is an act outside the contract. Consequently, it follows that whenever there is an illegality or infirmity in such proceedings including the allotment of sites or houses it would be open to the aggrieved persons to invoke the jurisdiction of this Court under Art. 226 of the Constitution. However, learned singe Judge has held that it is a non-statutory act. That being so, we reverse the said finding of the learned single Judge. Accordingly, point (i) is answered as follows:- The allotment proceedings culminating in the allotment and execution of the deed are all statutory functions and are not non-statutory. "