Madras High Court
M.Alli vs The Managing Director on 3 August, 2022
W.P.No.3716 of 2019
` IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.3716 of 2019
and
W.M.P.Nos.4108 of 2019 & 24152 of 2021
M.Alli .. Petitioner
Vs.
1.The Managing Director,
Tamil Nadu Housing Board,
Nandanam, Chennai – 35.
2.The Secretary,
The Tamil Nadu Housing Board,
Nandanam, Chennai – 35.
3.The Executive Engineer & Principal Administrator,
Tamil Nadu Housing Board,
Anna Nagar Division, Chennai – 101.
4.V.A.Joy
5.Shahar Banu ..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Certiorari, calling for the records pertaining to
passing of the notification dated 18.01.1990 and subsequent allotment order
1/8
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W.P.No.3716 of 2019
No.A1/5579/90 dated 18.05.1990 and possession handing over dated
27.11.1990 in favour of the 4th respondent and quash the said allotment order
and handing over the possession and consequently all subsequent sale deeds
to be declare as void.
For Petitioner : Mr.G.Justin
For Respondents : Mr.D.Veerasekaran,
Standing Counsel for R1 to R3
Mr.U.Venkatesan for R4
Mr.M.A.Abdul Wahab,
for M/s.K.V.Subramanian Associates for R5
ORDER
The prayer in the writ petition is as follows:-
“To issue a Writ of Certiorari, calling for the records
pertaining to passing of the notification dated 18.01.1990 and
subsequent allotment order No.A1/5579/90 dated 18.05.1990
and possession handing over dated 27.11.1990 in favour of the
4th respondent and quash the said allotment order and handing
over the possession and consequently all subsequent sale deeds
to be declare as void. ”
2. Heard Mr.G.Justin, learned counsel appearing for the petitioner.
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W.P.No.3716 of 2019
3. The contention of the petitioner is that the area sold to the 4th
respondent is more than the area advertised in the advertisement made by the
Housing Board during the year 1990, i.e., on 18.01.1990. The writ petition
has been filed in the year 2019. The writ petition has to be dismissed solely
on the ground of latches.
4. The petitioner who claims to have been in possession of the
property pursuant to the settlement deed executed by her grandmother
Lakshmi Ammal has come up with this writ petition. The said Lakshmi
Ammal has filed a suit against the Housing Board in O.S.No.2163 of 1990
and the said suit was decreed by the VI Assistant City Civil Court on 2nd April
2002. As against the said judgment and decree the Housing Board preferred
an appeal in A.S.No.85 of 2003 which was allowed on 21.03.2012 upholding
the claim of the Housing Board that the property belonged to it. Soon after
the decree it appears that Lakshmi Ammal, who is the plaintiff in the suit in
O.S.No.2163 of 1990 has executed a settlement deed in favour of the present
petitioner on 20.09.2002. The predecessor in interest of the petitioner viz.,
Lakshmi Ammal filed a second appeal in S.A.No.939 of 2014 in this Court
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W.P.No.3716 of 2019
and the said second appeal was dismissed by this Court on 15.09.2014. A
Special Leave Petition filed by the said Lakshmi Ammal challenging the
judgment in S.A.No.939 of 2012 also came to be dismissed by the Hon'ble
Supreme Court on 19.09.2016.
5. Undeterred, the said Lakshmi Ammal had filed the writ petition
in W.P.No.27704 of 2012 seeking a mandamus to consider her representation
dated 19.07.2012 for allotment of the portion of land in S.No.175/3A. The
said writ petition was dismissed as withdrawn on 01.04.2014. Subsequently,
one N.Indirani claiming to be the legal heir of Lakshmi Ammal filed
W.P.No.3746 of 2014 which was dismissed on 07.03.2018. W.A.No.1136 of
2018 filed by her against the order dated 07.03.2018 was dismissed on
10.05.2018.
6. The present petitioner claiming under the said Lakshmi Ammal
has now come up with the present writ petition seeking cancellation of the
allotment made to the 4th respondent Mr.V.A.Joy. Reliance is placed on the
judgment and decree of the suit in O.S.No.463 of 1992 filed by V.A.Joy
claiming permanent injunction. The dismissal of the suit for permanent
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W.P.No.3716 of 2019
injunction filed by Joy was confirmed by this Court in second appeal in
S.A.No.1242 of 2005.
7. A perusal of the said judgment would show that since the
Housing Board had not executed the sale deed in respect of the land of which
Mr.V.A.Joy was declared as successful bidder, he is not entitled to maintain a
suit for injunction. Subsequently it is seen that the Housing Board has
executed a sale deed in respect of an extent of 2 grounds 674 sq.ft. on
24.07.2007. Therefore, the 4th respondent Mr.V.A.Joy had acquired a valid
title to an extent of 2 grounds 674 sq.ft. The petitioner who claims under
Lakshmi Ammal cannot claim any right over the property since the claim of
Lakshmi Ammal has been finally rejected by the highest Court of land even in
the year 2016.
8. This writ petition is only a method to protect the illegal
occupation if any by the petitioner. Therefore, I do not see any merit in the
writ petition. I deem that this writ petition is the abuse of process of Court.
Lakshmi Ammal had fought for more than two decades to prevent the
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W.P.No.3716 of 2019
Housing Board from taking possession of the property and now the petitioner
is continuing the fight.
9. Hence, the writ petition is dismissed with costs of Rs.1,00,000/-
payable to the Cancer Institute, Adyar. The costs shall be paid on or before
30th August 2022. Consequently, the connected writ miscellaneous petitions
are closed.
03.08.2022
dsa
Index : No
Internet : Yes
Speaking order
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W.P.No.3716 of 2019
To:-
1.The Managing Director,
Tamil Nadu Housing Board,
Nandanam, Chennai – 35.
2.The Secretary,
The Tamil Nadu Housing Board,
Nandanam, Chennai – 35.
3.The Executive Engineer & Principal Administrator,
Tamil Nadu Housing Board,
Anna Nagar Division, Chennai – 101.
https://www.mhc.tn.gov.in/judis
W.P.No.3716 of 2019
R.SUBRAMANIAN, J.
dsa
W.P.No.3716 of 2019
03.08.2022
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