No right to alternative plot from Housing Board for fraudulent purchase pending criminal proceedings; approach civil court for fraud remedy.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is passed against the private respondents, notice to the private respondents is dispensed with.

2. This writ petition has been filed challenging the order of the third respondent dated 24.04.2025, quash the same and direct the respondents 1 to 3 to allot one Tamil Nadu Housing Board Plot under the category of HIG, in Hosur Town or nearby Hosur Town to the petitioner based on his representation dated 25.02.2025.

3. It is the case of the petitioner that petitioner intended to purchase a Housing Board plot, at that time, the fifth respondent acting as a broker, approached the petitioner regarding the sale of a Housing Board plot in hosur, allegedly owned by the 7^th respondent was intending to sell the plot and the sixth respondent assured that the said plot was a Housing Board plot with all necessary approvals. The petitioner verified title of the property with the 3^rd respondent who confirmed that the 7^th respondent is the lawful owner of the third respondent. The petitioner paid the sale consideration and sale deed was registered in his name. After obtaining a sale, revenue records were mutated in favour of the petitioner and electricity connection was also obtained. However, subsequently, the petitioner was informed that the original allottee of the plot has not yet obtained a sale deed in his favour and thereafter, the petitioner came to know that the sale deed in favour of the seventh respondent is a fraudulent document. It was informed to the petitioner that the petitioner's sale deed was treated as illegal document and the second respondent has recommended action to the District Registrar, pursuant to which the document was declared illegal. The third respondent also stated that the allotment letter and sale deed were legally invalid. It is the grievance of the petitioner that the third respondent involved in fraudulent acts and facilitating its registration by dispensing with his personal appearance. The petitioner lodged police complaint, however, the third respondent complaint was proceeded, shielding him from liability. The petitioner made representation on 25.05.2025 seeking allotment of alternative plot under the HIG category in Hosur which was rejected by the third respondent vide impugned order dated 24.04.2025. Challenging the same, the present writ petition has been filed.

4. The learned counsel for the petitioner submitted that admittedly, the third respondent is the employee of the respondents 1 and 2, the third respondent colluded together with the 7^th respondent prepared bogus document, thereby, the District Registrar has cancelled the sale deeds registered in favour of the petitioner, hence, the petitioner seeks for providing alternative plot on the mistake being committed by the third respondent. Hence, seeks for a direction.

5. Per contra, the learned Special Government Pleader submitted that the petitioner as well as the seventh respondent has no valid allotment letter and those documents are bogus documents. The documents are created as if the third respondent has given allotment letter in favour of the seventh respondent and sale deed is also executed in favour of the seventh respondent on 19.05.2023 vide Doc.No.9307 of 2023 and thereafter, they have created sale deeds in favour of the petitioner. The District Registrar upon information has cancelled the sale deeds in favour of the petitioner and the seventh respondent, instead of challenging the order of cancellation by the District Registrar making representation to the respondent Bo