R MUTHUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Since the parties to these two writ petitions and also the subject matter involved in both the writ petitions are common, both the writ petitions were taken up together and are disposed of by this common order with the consent of all the parties concerned.W.P. No. 8234/91 has been filed by the petitioners herein invoking Art. 226 of the Constitution of India, seeking for a writ of certiorarified mandamus to call for the records of the 2nd respondent in letter No. P1/38423/90 dated 1-4-1991 and to quash the same in so far as it negatives the request of the petitioner for allotment of Plot No. 5164 of Arignar Anna Nagar and directing the respondents 1 to 3 herein to forthwith put the petitioner herein in possession of plot No. 5164 of Arignar Anna Nagar, Madras by duly executing and registering the sale deed in favour of the petitioner as per G.O. Ms. No. 1950 Housing and Urban Development Department dated 28-12-1987 ignoring the auction in favour of the 4th respondent and in W.P. No. 12826/91, the petitioners are praying for a writ of certiorari to call for the records of the 2nd respondent relating to the order in Memo No. P1/72754/89 dated 4-3-91 and to quash the same in so far as it relates to plot No. 5164 of Arignar Anna Nagar.

(2.) During the pendency of the writ petition No. 8234/91, the first petitioner expired and his LRs. respondents 2 to 4 therein were brought on record and they are the petitioners in the other W.P. also.

(3.) In support of the writ petitions, the petitioners herein have filed separate affidavits narrating all the facts and circumstances that forced them to file the present writ petitions and requested this Court to allow the writ petition as prayed for, per contra, the respondents have filed separate counter-affidavits rebutting all the material allegations levelled against them one after the other and ultimately requested this Court to dismiss the writ petition for want of merits.