Case Note & Summary
The case concerns an intra-court appeal filed by the Tamil Nadu Housing Board against an order of a single judge dated 15.07.2022 in W.P.No.13947 of 2015, which directed re-allotment of an HIG flat to the second respondent, Smt. S. Suseela. In 2005, the second respondent, claiming to be a social worker, was allotted Flat No. 41/4 HIG at Ambattur under the Government's preferential quota as per G.O.(2D) No. 41 dated 25.02.2005. The allotment order required payment of an initial deposit within 21 days, a condition the allottee failed to comply with. Consequently, the Government cancelled the allotment through G.O.(3D).No.8 dated 25.02.2008, on the ground of non-payment. The allottee had earlier, on 10.11.2000, written to the Managing Director expressing inability to pay the deposit. Despite the cancellation, the allottee filed W.P.No.7180 of 2008, which was disposed of on 07.02.2011 granting liberty to approach the Government for re-allotment. The Government did not consider this request, and an appeal to the Government was also rejected, primarily on the ground that the discretionary quota had been abolished. The rejection order was challenged in W.P.No.13947 of 2015, where the single judge directed re-allotment. The Housing Board then filed the present appeal, contending that the cancellation order was never challenged, the allottee had no right to re-allotment after the abolition of the quota, and there were inordinate delays. The appeal arises from these contentious issues, and the matter was heard by a Division Bench consisting of Justices S.M. Subramaniam and K. Rajasekar.
Headnote
A) Housing Law - Allotment of HIG Flat - Cancellation for Non-Payment - Tamil Nadu Housing Board - Government Order G.O.(3D).No.8 dated 25.02.2008 - Original allotment made on 25.02.2005 under preferential quota could not be sustained as the allottee failed to pay the initial deposit within 21 days, leading to cancellation. The cancellation order was never challenged and attained finality (Paras 2-3, 6). B) Administrative Law - Discretionary Quota - Abolition - Government of Tamil Nadu - The Government rejected the allottee's request for re-allotment on the ground that the discretionary quota under which the original allotment was made had been abolished, leaving the allottee with no enforceable right to seek re-allotment of a flat under that quota (Para 6). C) Writ Jurisdiction - Delay and Laches - Limitation Act, 1963 - The allottee's first writ petition in 2008 was filed after three years from the date of allotment, and even after the cancellation in 2008, the allottee failed to pursue re-allotment timely, leading to dismissal of the subsequent writ petition as barred by delay and laches (Paras 3-4).
Issue of Consideration
Whether the writ court was justified in directing re-allotment of a cancelled HIG flat despite the abolition of the discretionary quota and the original cancellation order remaining unchallenged.
Law Points
- Allotment cancellation due to non-payment
- abolition of discretionary quota
- writ maintainability
- re-allotment based on lapsed allotment
