RANASINGH Vs. SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 02.01.2012 passed by the first respondent in Letter No.7873/L.A.4(1)/11-5 and consequently allot the plot bearing No.150 situated at New C.I.T.Nagar Chennai - 35 to the petitioner.

(2.) It is the case of the petitioner that the Tamil Nadu Slum Clearance Board, the third respondent herein by its allotment order dated 31.08.1995, allotted plot No.150 situated at New C.I.T.Nagar Chennai - 35 to the petitioner on lease cum sale basis.

(3.) It is his case that he is a bonafide allottee. According to him, the petitioner paid the entire payment to the Tamil Nadu Slum Clearance Board (TNSCB) in accordance with the lease cum sale agreement. However, it is his case that despite the payment made by the petitioner, the TNSCB did not execute the sale deed in his favour. According to him, the Tamil Nadu Housing Board (TNHB) claimed that the plot allotted to the petitioner by TNSCB belongs to them absolutely. According to him, since the TNHB made a claim for the plot allotted to the petitioner by TNSCB, the petitioner filed a writ petition in W.P.No.3179 of 2011 before this Court. This Court, directed the TNHB to pass appropriate orders on the application dated 24.12.2010 submitted by the petitioner for allotment of the plot No.150 and till such time, the TNHB was directed not to disturb the possession of the petitioner. It is the case of the petitioner that pursuant to the order passed in W.P.No.3179 of 2011, without giving any opportunity to the petitioner, the Tamil Nadu Housing Board rejected the application dated 24.12.2010 submitted by the petitioner for allotment of plot No.150 by its order dated 31.03.2011. It is also the case of the petitioner that he has been paying all the necessary taxes in respect of plot No.150. According to him, even if the original allotment made by TNSCB is found to be a mistake, he should not be penalized for no fault of his.