Board if stopped from resending the allotment.

1. The prayer in the writ petition is as follows: —

“For the reasons stated in the accompanying affidavit, it is prayed that this Honble Court may be pleased to issue a writ of Mandamus or appropriate writ, order or direction, directing the respondent herein to execute the sale deed in favour of the petitioner in respect of Plct No. 591-A2 situate in Anna Nagar Division, Madras 40.”

2. On application from the petitioner for allotment of a residential plot in the City of Madras, the Government passed an order in G.O.Ms. No 1429 dated 15-9-1987 allot ting one residential plot in Anna Nagar, Madras-40 to the petitioner on Hire Purchase basis subject to the approval of the M.M.D.A. and subject to the terms and conditions prescribed by the Tamil Nadu Housing Board. In pursuance of the allotment order the respondent allotted Plot No. 591-A2 in Anna Nagar measuring 1 ground and 2235 sq.ft. subject to certain conditions. The important conditions are that the total cost of the plot would be Rs. 1,54,334.00 at the rate of Rs. 80 000 per ground 1/3rd of the cost of the plot i.e. Rs. 51,112, should be paid at the first instance as initial deposit within three weeks from the date of receipt of the allotment order and the balance of the amount should be paid in monthly instalments at Rs. 2422 for a period spread over for five >ears with interest at 13 per cent per annua. The petitioner was requested to apply in the prescribed application. The Regular allotment order was issued on 29-9-1987. The petitioner paid a sum of Rs. 51,112 on 29-9-1987 itself. The plot was banded over to the petitioner on 8-10 1987. It seems the petitioner made an application to the respondent for a ‘No Objection certificate’ for permission to put up a residential building in the plot, complying with all the building regulations and the Development Control Rules of the M M.D.A. On 281 88 the respondent granted the ‘No objection Certificate’ permitting the petitioner to put up one residential building in the site allotted to him and directed the petitioner to apply for the licence for the building from the local body and planning permission from the M.M.D.A. A planning permit was issued by the Corporation of Madras on 21 -4-1989 permitting the petitioner to construct the building according to the plan. On the strength of the proceedings it seems the petitioner put up a building in the plot in accordance with the approved plan and is also paying property tax to the Corporation at Madras from 9-12-1989 onwards. At this stage the respondent issued a notice dated 28-11-1989 cancelling the allotment and ordering resumption of possession of the plot. The ground taken in the order of cancellation of the plot was that originally the plot was earmarked for Market complex as per the lay-out approved by the Planning Authorities and it was converted irregularly into one for residential purpose. The Government cancelled the allotment of plots by G.O.Ms. No. 1048, Housing and Urban Development Department, dated 31-10-89, one of which is offered to the petitioner in view of the aforesaid reasons. This was challenged in W P. No. 15597/89. Srinivasan, J. by a common order in a batch of writ petitions, dated 29-1-90 set aside the order of cancellation on the ground that the learned Advocate-General appearing for the Tamil Nadu Housing Board conceded that no notice was issued to the writ petitioners and such orders of cancellation were not sustainable. The learned Judge, however, made it clear that it is open to the Housing Board to issue notice to the writ petitioners and after giving sufficient opportunity to the petitioners pass final orders. The learned Judge observed thus:

“All the contentions raised by the petitioners will be available to them if and when they are obliged to challenge any orders which may be passed by the Housing Board ultimately against them.”

Subsequently a show cause notice was issued to the petitioner on 4-5-1990 calling upon the petitioner to give his