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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S. Sundar, A.D. Maria Clete, JJ
S. Ganesan – Appellant
Versus
Tamil Nadu Housing Board, Represented by its Managing Director – Respondent
JUDGMENT :
(S.S. SUNDAR, J.)
This Writ Appeal is directed against the order of the learned Single Judge dated 30.11.2021 dismissing the writ petition filed by the appellant in W.P.No.16149 of 2020 filed for issuance of a Writ of Certiorarified Mandamus to quash the impugned order of the 4th respondent dated 19.10.2020 and consequential order dated 14.10.2020 passed by the 2nd respondent and to direct the 1st respondent to register the sale deed in favour of the appellant in respect of Plot No.PC-16, MMDA Colony, Arumbakkam, Chennai.
2.A commercial plot bearing Plot No.PC-16 at Arumbakkam Village belongs to the Tamil Nadu State Housing Board was brought to public auction. It is not in dispute that the appellant became the successful bidder in the auction conducted in the year 1986 by the 3rd respondent and he was allotted the commercial plot for a sum of Rs.4,78,921.95. As per the terms and conditions, the appellant was directed to pay 25% of the cost of plot amounting to Rs.1,19,731/- towards initial deposit as per the provisional order of allotment dated 23.12.1986. However, due to financial constraints, it is stated by the appellant that he was unable to pay the said amount despite
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.
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
Inordinate delay and failure to comply with conditions of revocation despite multiple opportunities justify dismissal of property allotment claims
Chronic defaulters in housing allotments lose equitable relief unless full dues paid despite prior cancellations.
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.
Public authorities must prioritize transparency and accountability in auction processes, ensuring compliance with contractual obligations to protect public interests.
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