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S. M. SUBRAMANIAM
K. Bhageerathi – Appellant
Versus
State of Tamil Nadu Represented by its Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the second respondent pertains to letter No.ANA./NIL/ dated 15.09.2014 and quash the same in so far as the demand of exorbitant amount and consequently direct the respondents to receive a sum of Rs.92,907/- or any other legal and legitimate amount from the petitioner and execute and register a Sale Deed in favour of the petitioner in respect of Plot No.2/69, LIG II, Phase-I, Manali to an extent of 1000 sq. ft., in Survey No.244 in Sadayankuppam Village.)
1. The order dated 15.09.2014 directing the petitioner to pay the total cost of the land allotted in her favour within a period of 60 days from the date of the impugned order and failing which the plot allotted in favour of the petitioner will be cancelled and re-auction will be conducted without any further notice is under challenge in the present writ petition.
2. It is not in dispute that the petitioner was allotted a plot under the Low Income Group Scheme at Manali. The petitioner was allotted Plot No.2/69, LIG II, Phase-I, Manali to an
Agreed terms and conditions cannot be interfered with in writ proceedings, and grievances regarding calculation of total cost should be addressed to the Competent Authorities.
The main legal point established in the judgment is the authority's power to cancel allotment in case of default and the requirement for the petitioner to rectify the default within the specified tim....
The court allowed the appellant to pay Rs.3,00,00,000/- in installments for the execution of the sale deed, despite previous defaults, based on substantial payments made and current market value.
Discrepancies in housing allotment disputes are to be adjudicated with reference to the documents and evidences on record. The petitioner was granted liberty to approach the competent authority for w....
Cancellation of allotment of residential property due to non-deposit of instalments of balance amount can be set aside where allottee is making a fair offer with all bonafides.
The importance of exercising vested rights within the specified time frame and the authority's discretion in cancellation of allotment.
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