Fraud vitiates all proceedings, and any document created under fraudulent circumstances is null and void.

ORDER :

N. Anand Venkatesh, J.

WP.No.32801 of 2024, has been filed for the issue of a writ of mandamus directing the respondents 1 to 3 to consider the representation made by the petitioner and to allot alternative plot to the petitioner either at Maraimalai Nagar or Guduvancherry or Tambaram or Chengalpattu District.

2.W.P.No.34924 of 2024, has been filed for the issue of a writ of mandamus directing the Housing Board to execute sale deed in favour of the petitioner with respect to the subject property and also to cancel the earlier sale deed dated 31.12.2008, which was executed in favour of an impersonator and evict the said person on the ground that he is a trespasser.

3.W.P.No.21279 of 2025, has been filed for the issue of a writ of mandamus directing the Housing Board to consider the representation made by the petitioner on 01.11.2021 and to executive the sale deed in favour of the petitioner.

4.The petitioners in all these three writ petitions were the original allottees in K.K.Nagar Division, in Anna Nagar Division and Besant Nagar Division. There is no dispute regarding this fact and the same is evident from the counter affidavit filed by the Housing Board. The grievance expressed by the petitioners is that due to fraud and forgery, sale deeds have been created with respect to the subject property and the property allotted has been dealt with and therefore all of them are before this Court seeking for appropriate directions.

5.Heard the learned counsel counsel for the petitioners and the learned counsel appearing on behalf of the respondents.

6.Insofar as the petitioner in WP.No.32801 of 2024, the subject property in Plot No.362 was allotted in favour of the petitioner through an allotment letter dated 10.10.1994. The petitioner paid the cost of the plot and also the initial deposit. The petitioner was directed to pay the balance amount in 240 monthly installments. The plot was also handed over to the petitioner on 12.04.1996. The petitioner paid the entire balance amount as on 11.11.2008.

7.The petitioner later came to know that one another person has impersonated the petitioner as if she is K.V. Lakshmi and managed to get the sale deed in her favour on 02.08.2007 which was registered as Document No.10646 of 2007 before the SRO Chengleput. Thereafter, the said plot was sold by one Gnanasundari through a sale deed dated 10.08.2007 registered as Document No.10647 of 2007. Thereafter, a sale deed was executed in favour of Loganathan and Gajalakshmi on 06.02.2008, which was registered as Document No.946 of 2008.

8.It is also evident that the Tamil Nadu Housing Board executed another sale deed in favour of the petitioner on 31.12.2008 registered as Document No.1824 of 2008. On coming to know of the same, the 4th respondent and the said Gajalakshmi gave a representation to the Managing Director of the Tamil Nadu Housing Board. Based on the complaint, an enquiry was conducted and ultimately the sale deed that was executed in favour of the petitioner on 31.12.2008 came to be cancelled on 30.08.2016. Under such circumstances, the petitioner submitted a representation to respondents 1 to 3 on 25.11.2022, requesting for alternative housing plot.

9.Insofar as the petitioner in WP.No.34924 of 2024, the provisional allotment was made on 26.06.1991 and the petitioner paid the initial deposit and the tentative cost and the petitioner was directed to pay the balance amount in installments. The balance amount was also paid by the petitioner as the final cost. Thereafter, the petitioner sent a letter to the Housing Board stating that the plot that was allotted has already been alienated through a sale deed dated 31.12.2008, which was registered as Document No.600 of 2009