TAMIL NADU HOUSING BOARD Vs. A MADUDHACHALAM

JUDGEMENT

(1.) WRIT Appeals against the common order dated 02.12.2002 passed in WRIT Petition Nos.672 and 6396 of 1999 on the file of this Court.) Problems will arise, if, under Article 226 of the Constitution of India, we enter into areas that are purely governed by contract. In this case, the Housing Board has come up in appeal complaining that the learned single Judge has virtually re-written the terms of the contract.

(2.) THE respondent is an Ex-Service Man. THErefore, he is entitled to a house site under the Ex-Service Men Category. About six house sites were to be put up for sale by auction under the Erode Housing Unit of the Tamil Nadu Housing Board. He felt that he could not participate along with others in the public auction and come out successfully. THErefore, he prayed for a Mandamus to allot a house site. During the pendency of the writ petition, he obtained an interim order by which one site was kept out of allotment and L.181 was reserved as per the orders of this Court. When the matter came up for final disposal, he filed an affidavit stating that L.181 shall be allotted to him subject to the condition that he will pay a reasonable price fixed by the Housing Board and this Court passed an order dated 04.08.1995 as follows:-

(3.) WE are now informed that the Housing Board had also cancelled the allotment for non-payment of the security deposit as per the allotment order.