N BALUSAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS writ petition is filed challenging the Government Order in G.O.(2D)No.283, Housing and Urban Development (HB-5(1)) Department dated 04.11.2004 and the order of the third respondent dated 06.01.2007, in so far as the condition in the Government Order relating to re-allotment of Plot No.47/C2 at K.K.Nagar to the petitioner on payment of cost to be fixed by the Tamil Nadu Housing Board as per the rules and the third respondents' direction in the letter dated 06.01.2007, in fixing the cost of the plot and directing restoration of the Plot No.47/C2 at K.K.Nagar on payment of cost pursuant to the regular allotment order dated 15.04.1988.

(2.) IT is the case of the petitioner that he made application for allotment of a house site and ultimately the second respondent has allotted house site bearing No.47/C2 at Kalaignar Karunanidhi Nagar, Chennai " 600 083 and the regular allotment order dated 15.04.1988 was issued and the same is Higher Income Group Plots and possession was handed over to the petitioner on 27.07.1988. The Government has cancelled the allotment of 139 vacant plots including that of the petitioner as per G.O.Ms.No.1048, Housing and Urban Development dated 31.10.1989, against which the petitioner has filed W.P.No.148 of 1990 challenging the said Government Order. The batch of writ petitions including that of the petitioner was allowed by this Court by an order dated 29.01.1990, by quashing G.O.Ms.No.1048 Housing and Urban Development dated 31.10.1989 on the ground that no notice was given and liberty was given to the Housing Board to cancel allotment if warranted after giving notice to the allottees. Thereafter, the second respondent issued show cause Notice dated 03.05.1990, for which the petitioner has given explanation on 30.08.1990 and by an order dated 30.10.1990, the second respondent has again cancelled the allotment.

(3.) SINCE the second respondent has not allotted even after the Government Order, the petitioner filed W.P.No.27484 of 2005 for a direction to restore the Plot No.47/C2 at K.K.Nagar as per the above said Government Order and execute the sale deed on repayment of the entire cost, refunded by the second respondent with difference in cost on par with the allotment dated 15.04.1988. This Court disposed of the writ petition by an order dated 06.10.2005 directing the second respondent to pass orders regarding the allotment. Thereafter, the petitioner has made many representations. It was by a communication dated 07.12.2006, the third respondent has required the petitioner to produce some documents regarding proof of age, Social Worker Certificate and direction to register the application form duly filled in by paying Rs.400/- as registration fees.