K KRISHNAN Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) ALLOTMENT of Plot No. 155 is the subject matter of several litigations between the parties. Petitioner seeks Certiorarified Writ of Mandamus to quash the Proceedings of the 1st Respondent in Na. Ka. No. E8/32774/97 dated 26. 3. 2004 and to direct the 1st Respondent to allot Plot No. 155 to the Petitioner.

(2.) BRIEF facts which led to the filing of Writ Petition are as follows:-Plot No. 155 in Malligaipoo Nagar, Chennai was allotted to the Petitioner's father Kannan. 2nd Respondent was in occupation of a portion of the Plot and there was dispute between the allottee and the 2nd Respondent. 2nd Respondent filed suit O. S. No. 1080/1986 against the Petitioner's father praying for declaration of ownership of the property in his possession. The said suit was dismissed on 30. 11. 1990 and the 1st Respondent allotted the entire Plot 155 to the Petitioner's father Kannan.

(3.) 2nd Respondent filed W. P. No. 19366/1992 challenging the allotment made in Na. Ka. No. 28089/91/e4 dated 19. 11. 1992 in favour Kannan against the Board and the said Kannan. The said Writ Petition was dismissed on 11. 1. 2000 and the 2nd Respondent filed Appeal in W. A. No. 2237/2000 and the same was allowed on 26. 06. 2001. While allowing the Writ Appeal, Court has directed the Board to give proper notice to both sides and conduct enquiry and then take a decision.