Fraudulent documents lack legal standing and must be annulled, with rights passing to legal heirs of the original allottee.

ORDER :

This writ petition has been filed challenging the proceedings of the 3rd respondent dated 12.06.2020 and for a consequential direction to the 3rd respondent to rectify the error committed by the 4th respondent in registering the Sale Deed dated 02.02.2009 and for a further direction to the 2nd respondent to register the Sale Deed in favour of the petitioners.

2. Heard Mr.M.Roshan Atiq, learned counsel appearing on behalf of the petitioners, Mr.D.Veerasekaran, learned Standing Counsel appearing on behalf of the respondents 1 and 2, Mr.B.Vijay, learned Additional Government Pleader appearing on behalf of respondents 3 and 4 and Mr.J.Franklin, learned counsel appearing on behalf of the 5th respondent.

3. The husband of the 1st petitioner submitted an application for allotment of housing plot before the 2nd respondent. Based on the same, allotment order was passed on 23.11.1992 and Plot No.MIG3504 was allotted in the name of the husband of the 1st petitioner. The total cost was fixed at Rs.85,500/- The further case of the petitioners is that the 1st petitioner's husband paid all the instalments and he was entitled to get the Sale Deed executed in his name. However, he died on 21.09.2023 leaving behind his wife and daughter who are the petitioners herein. The petitioners submitted representations seeking for transfer of the allotment in their favour, so that they can get the Sale Deed executed in their names.

4. The grievance of the petitioners is that they came to know that the 5th respondent had managed to get the Sale Deed executed in her name on 02.02.2009 as if she is the widow of the original allottee Rajendran. Immediately, a complaint was given to the Housing Board and an order came to be passed on 08.07.2015 by the Managing Director of the Tamil Nadu Housing Board, cancelling the Sale Deed executed in favour of the 5th respondent and for a further direction to initiate criminal proceedings against the 5th respondent and those officials who had connived with the 5th respondent and created the Sale Deed in her favour. The relevant portion in the order is extracted hereunder:

5. The above order was put to challenge by the 5th respondent in W.P.No.22760 of 2015. This writ petition came to be disposed of by this Court by an order dated 02.11.2022 and the relevant portions are extracted hereunder:

7. Admittedly, it is not disputed by the first respondent that the subject property has been originally allotted to one K.Rajendran, lease cum sale agreement has been executed and the plot has been handed over to the said Rajendran on 26.02.1994 and he was required to pay the monthly instalments. After his death, it appears that out right sale has been executed in favour of the petitioner claiming to be wife of the said Rajendran. Thereafter, on coming to know about the above sale deed, the fourth and the fifth respondents have filed a Writ Petition in W.P.No.10251 of 2014 and this Court by an Order dated directed the first respondent to conduct enquiry by issuing notice to the petitioner and the fourth and fifth respondents and after enquiry, the first respondents had passed the impugned Order holding that the allotment has been made in favour of K.Rajendran and he had paid the initial deposit and the instalments regularly. But, no document, whatsoever, has been filed to show that consideration of Rs.2,15,000/- has been paid by the petitioner.

8. Whereas, the sale deed has been executed in favour of the petitioner for a total consideration of Rs.85,500/- and the officials of the Tamilnadu Housing Board appears to have executed the sale deed in favour of the petitioner. On enquiry, it was found that no payment has been made. Though it is claimed by the petitioner that a sum of Rs.2,50,000/- has been paid, no receipt has been filed. Therefore, the impugned Order has been passed cancelling the sale deed and during the enquiry it is also found that there is collusion between the petitioner and the officials and the Order also directed ac