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2. The brief facts leading to the filing of this writ petition is as follows:

(i) The petitioners herein are the purchasers of a flat for each of them from the Tamil Nadu Housing Board (TNHB) in the year 1977. The grievance of the petitioners is that after a lapse of nearly 38 years, the Tamil Nadu Housing Board is attempting to permit a third party like Aavin to have their milk booth inside their compound with nearly 1000 sq.ft and thereby hindering the free movement of their vehicles and passage.

(vi) The Hon’ble Full Bench has also held that the Housing Board has no right. The above property in possession and enjoyment of the allottees, permitting any third party like Aavin etc., to have their building inside the compound affecting the interest and right of the allottees. Thus the act of the Housing Board permitting Aavin for construction inside the compound is not only arbitrary and unreasonable but also against the Principles of Natural Justice. With the above grievance the petitioners have filed the present writ petition.

3. Impleading petition in W.M.P.No.27233 of 2022 has been filed by Prem Nagar Owners Welfare Association seeking to implead them as 4th respondent and the same has been allowed by this Court. The 4th respondent association represent 112 owners residing in N, P, Q and R blocks of the apartments constructed by the Tamil Nadu Housing Board under the Mambalam Tank Bund Scheme in T.Nagar in the year 1978. Originally there were 544 houses under EWS scheme. Pursuant to allotments by the Tamil Nadu Housing Board, the flat owners divided themselves into 4 colonies with defined boundaries viz., Amudham Colony, Kanchi Colony, https://www.mhc.tn.gov.in/judis Anna Colony and Prem Nagar Colony and formed associations that are duly registered with the authorities. According to them, although areas were marked for shops, no shops were allotted in the earmarked site from 1979 to till date. It is submitted that between 1985 to 1987 an Aavin booth was constructed encroaching into the common area belonging to Anna Colony and Prem Nagar Colony. In order to remove the said encroachment, the petitioners herein i.e., residents of Anna Colony, M Block had approached this Court to remove the Aavin shop which had encroached into their area.

(iii) It is also submitted that the final cost for the scheme was fixed vide Proc.No.S-3/30178/90, dated 01.06.1990 and the cost of each flat was fixed as Rs.16,600/-. At the time of fixation of the cost of the flat, the land meant for construction of shop site (1 to 5) measuring an extent of 9 grounds 430 sq.ft. was excluded from the overall cost of the scheme. The cost from the allottees were collected for an extent of 37 grounds 2350 sq.ft. only. Hence it is their contention that the petitioners have no right to claim the land earmarked in the layout for shops. A portion of the land in shop site No.4 was allotted to Aavin Milk Booth and the said land was handed over to Aavin in the year 1985 and the sale deed was executed in the year 2011 vide Doc.No.1131 of 2011, dated 20.05.2011. The petitioners have no rights to claim the property and they have no locus standi. It is their further contention that the allottees in the scheme have encroached the said vacant land vested with Tamil Nadu Housing Board.