Madras High Court
R.Varalakshmi vs Tamil Nadu Housing Board on 19 November, 2012
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-11-2012 CORAM: THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.Nos.2621, 3672, 13867 to 13871, 13879, 13880 and 21808 of 2012 M.P.Nos. 1 to 1 of 2012 ( 10 M.Ps) W.P.No.2621 of 2012 R.Varalakshmi ... Petitioner Versus 1. Tamil Nadu Housing Board rep. By its Chairman 493, Anna Salai Nandanam Chennai 35. 2. The Executive Engineer and Administrative Officer Tamil Nadu Housing Board J.J.Nagar Division Tirumangalam Chennai 101. ... Respondents Prayer: Writ Petition in W.P.No.2621 of 2012 filed under Article 226 of the Constitution of India for the relief of issuance of writ of certiorarified mandamus to call for the records of the second respondent in his letter No. J.J.A6/946/2009 dated 20.1.2012, quash the same and consequently direct the respondents herein to issue allotment order and execute the sale deed for a HIG flat in JJ Nagar Division, Mogappair West Planning Area under self financing scheme in favour of the petitioner pursuant to the draw of lots held on 16.9.2011. For Petitioner in W.P.Nos. 2621, 13879 :- Mr.M.Sivavarthanan and 13880 of 2012 For Petitioner in W.P.No. 3672 of 2012 :- Mr.A.Thiagarajan, Senior Counsel for Mr.K.Vijay Raj For Petitioners in W.P.Nos. 13867 to 13871 and 21808 of 2012 :- Mr.P.Chandrasekar For Respondents :- Mr.R.Jayaseelan in all W.Ps. O R D E R
J.J.Nagar Division of Tamil Nadu Housing Board published an advertisement in the Indian Express, an English daily, on 28.08.2011 calling for applications from general public for the proposed construction of 104 HIG flats at Ambattur (Near Dunlop), 64 HIG flats at Ayapakkam, Ambattur Phase II and 20 (HIG & LIG) Flats at Mogappair West under Self Finance Scheme. In total, the advertisement was relating to 188 flats under J.J.Nagar Division of Tamil Nadu Housing Board. It is stated that the allotment will be made by drawal of lot. It is also stated in the advertisement that the applications are available for sale and Registration in J.J.Nagar Divisional Office on all working days between 29.8.2011 to 12.9.2011. The cost of the application is Rs. 500/-, if it is received in person and the same is Rs.600/-, if it is obtained by post. It is also stated that 5% of the cost shall be paid as initial deposit along with the application by demand draft. If a person is selected through lot, he shall pay 5% of the cost of the flat within a period of 21 days from the date of receipt of the allotment order. The balance 90% of the cost of the flat are to be paid as per the schedule given in the advertisement. However, there is nothing indicated about the date on which the lot shall take place.
2. On 16.9.2011, the allotments made to 20 persons relating to 20 flats (16 HIG and 4 LIG) at Mohappair were put up in the notice board, as per the minutes of the Allotment Committee for the lots conducted on 16.9.2011 before issuing the allotment orders. The impugned order dated 20.1.2012 was passed cancelling the allotment made to 20 flats ( 16 HIG and 4 LIG) at Mogappair on 16.9.2011. The impugned order was passed by the Executive Engineer, J.J.Nagar Division. It is based on the memo dated 11.1.2012 of the Tamil Nadu Housing Board.
3. Ten beneficiaries, who were allotted HIG flats at Mogappair West have questioned the aforesaid impugned order in these writ petitions.
4. Counter affidavit is filed by the Executive Engineer, J.J.Nagar Division of Tamil Nadu Housing Board. It is stated that lot for allotment of 20 flats ( 16 HIG and 4 LIG) at Mogappair West was conducted on 16.9.2011 pursuant to the SMS message sent to the cell phones of 144 applicants. As per the procedure, before conducting a lot for allotment of flats, the same shall be advertised in a newspaper. But, the same was not done in this case. Hence, the allotments were cancelled.
5. An additional affidavit dated 15.11.2012 was filed by the Executive Engineer of J.J.Nagar Division. It is stated that in the case of other flats advertised in the Indian Express on 28.8.2011 along with these flats, a paper publication was issued for conducting the lot. The publication made in Dinamalar in this regard on 13.11.2011 reads that lot would be conducted on 17.11.2011 at 11 a.m., at Thanthai Periyar Samuga Nala Koodam, Anna Nagar West Extension, Chennai. The Executive Engineer also produced various such publications in relating to the conduct of lots in respect of other flats.
6. Mr.Thiagarajan, learned Senior Counsel has vehemently contended that the petitioner in W.P.No 3672 of 2012 received SMS message about the conduct of the lot on 16.9.2011. That was the practice followed by the Housing Board. Hence, there is no reason to pass the impugned order since the lot was conducted pursuant to SMS message to the applicants. Similar arguments were advanced by other counsels.
7. On the other hand, the learned counsel for the Housing Board has produced the Tamil Nadu Housing Board Allotment Manual and submitted that the manual contemplates the publication of notification in newspapers relating to the conduct of lot.
8. It is submitted that complaints were received that there were irregularities in the allotment and without conducting lot, the allotments were made. Based on the complaints, the Housing Board found that the allotments were made without following the procedure. Hence, the allotments were cancelled. It is stated that no allotment orders were issued to the petitioners.
9. I have considered the submissions made on either side.
10. The advertisement dated 28.8.2011 given in the Indian Express is extracted hereunder:-
TAMIL NADU HOUSING BOARD J.J.NAGAR DIVISION Applications are invited from the General Public for the proposed construction of 104 HIG Flats at Ambattur (near Dunlop), 64 HIG Flats Ayapakkam, Ambattur Phase III and 20 (HIG & LIG)Flats at Mogappair West under Self Finance Scheme.
================================================================================================= Sl. Type No. of Plint Cost of Car Initial Cost of Cost No Flats h the parkin deposit 5% the of the to be area Flats g to be paid Applica Applic con- in Rs. along with tion a struct sq. In applicatio includi tion ed mt lakhs n (by ng Tax includ D.D. Only) (in ing person) Tax (by post) ================================================================================================= 1 104 HIG I 108.2 40.23 Includ Rs.2,07,00 Rs.500 Rs.600 Flats 48 0 to to ed in 0/-
(Stilt Nos. 111.1 41.28 flat +4 0 cost Floors)
================================================================================================= 2 104 HIG II 88.30 33.06 Includ Rs.1,87,00 Rs.500 Rs.600 Flats 56 to to ed in 0/-
(Stilt Nos. 100.0 37.31 flat +4 0 cost Floors)
================================================================================================= 3 64 HIG I 137.8 45.64 Rs. Rs.2,29,00 Rs.500 Rs.600 Flats 4 Nos. 0 1,50,0 0/-
(Stilt (3 Bed 00+4 Rooms) Floors)
================================================================================================= 4 64 HIG II 87.30 28.95 Rs. Rs.1,90,00 Rs.500 Rs.600 Flats 60 to to 1,50,0 0/-
(Stilt Nos. 114.3 37.86 00+4 (2 Bed 0 Floors) Rooms)
================================================================================================= 5 20 HIG 83.30 31.88 Rs. Rs.2,04,00 Rs.500 Rs.600 Flats 16 to to 1,50,0 0/-
(Stilt Nos. 106.3 40.69 00 +4 0Floors) ================================================================================================= 6 20 LIG 17.27 Rs.87,000/- Rs.200 Rs.300 Flats Flat (Stilt 4 Nos.
+4 46.60 Floors)
=================================================================================================
11. These writ petitions are relating to cancellation of allotment of flats in Sl. Nos. 5 & 6. As far as the allotment of flats in Sl Nos. 1 to 4 numbering 104 + 64 at Ambattur (near Dunlop) and Ayapakkam, Ambattur Phase III are concerned, those allotments were made pursuant to the lot that was conducted on 17.11.2011. In this regard, a notification was issued by J.J.Nagar Division of Tamil Nadu Housing Board in Dinamalar on 13.11.2011 that lot will be conducted on 17.11.2011 for 104 HIG flats at Ambattur and 64 HIG Flats at Ayapakkam . The said notification is placed before this court.
12. Admittedly, there is no such advertisement given for the conduct of lot relating to flats in Sl Nos. 5 and 6. At this juncture, it is relevant to quote the following passage pertaining to the procedure for drawal of lot as contained in the Tamil Nadu Housing Board Allotment Manual.
PROCEDURE FOR 2(i) Drawal of Lot ....... ....... ...... ....... ....... ......
If the flats to be allotted is in limited numbers, the lot is conducted in common pool only. After receipt of the applications the date of drawal of lot, time and the place in which the lot will be conducted are initiated by publishing the notification in Newspapers."
13. Thus, the manual makes it clear that before conducting lot, the same shall be notified in newspapers. Even otherwise, in my view, the conduct of lots shall be notified to the applicants in a newspaper. But, it is surprising to state that the Executive Engineer conducted the lot, based on the alleged SMS message sent to the applicants. It is relevant to note that the printed application form does not contain a column for cell phone number. Further, there is nothing indicated in the application form or in the allotment manual that the applicants will be notified about the conduct of lot by sending SMS message to the cell phones of the applicants. In my view, such a method cannot be a fair one, since the same cannot be verified. In these circumstances, the Tamil Nadu Housing Board issued a memorandum dated 11.1.2012 cancelling the allotment that was made on 16.9.2011 without conducting lot as prescribed in the Board's Allotment Manual.
14. In my view, there is no infirmity in the decision of the Housing Board dated 11.1.2012. In fact, the order dated 11.1.2012 is not put to challenge in these writ petitions. The consequential order of the Executive Engineer alone is put to challenge. The Tamil Nadu Housing Board decided to cancel the allotment as the same was done without conducting lot as per the procedure for drawal of lot as contained in the Allotment Manual of the Tamil Nadu Housing Board. Hence, I do not find any infirmity in the impugned order. I am not inclined to interfere with the impugned order. Hence, all these writ petitions fail and the same are dismissed. Consequently, the connected M.Ps are closed. No costs.
krr To
1. The Chairman Tamil Nadu Housing Board 493, Anna Salai Nandanam Chennai 35.
2. The Executive Engineer and Administrative Officer Tamil Nadu Housing Board J.J.Nagar Division Tirumangalam Chennai 101