The Asiad Colony, Flat Owner's Co-operative House Service Society Ltd. vs The Commissioner and Secretary to Government Housing Department, The Chairman-cum-Managing Director, Tamil Nadu Housing Board and The Executive Engineer-cum-Administrative Officer

Bakthavatsalam, J.—The prayer in the writ petition is-

...to issue a writ of Mandamus, order or declaration particularly in the nature of writ, directing the Respondents herein to allot plot No. 1961-B of the extent of 1.1054 grounds situate North-eastern of Astad Colony, Anna Nagar (West), Madras-600 101, fixing the price for the same at the guideline value to the Petitioner society...

The Tamil Nadu Housing Board has formed a lay-out in Anna Nagar West and about 312 flats were constructed and allotted by auction. According to the requirement of Housing Board, the Petitioner-society was formed and registered in 1983. There is a vacant space left out, which was not ear-marked or used for any specific purpose. According to the Petitioner it is at the north eastern side of the block. It is alleged in the affidavit that the Petitioner society was permitted to put up temporary thatched shed for purpose of Society office, ration shop for colony and storing the building materials, etc. and the cost of this vacant site has been included in the price fixed for allotment of flats to the members of the Petitioner-society. From 1986 the Petitioner-society has been making a request to allot the vacant space in favour of the members of the Petitioner-society has not been acceded to. At this juncture, the Housing Board has published an advertisement for auctioning the plots including the open space to be held on 29-1-1991 and 30-1-1991. Hence the Petitioner is before me with the aforesaid prayer.

Mr. Chinnasami, learned Senior counsel refers to a communication by the Society to the Superintending Engineer, Tamil Nadu Housing Board dated 31-3-1986 and also another communication dated 20-9-1988 addressed to the Commissioner and Secretary of the Housing Board, I find from the communication of the year 1988 that the Petitioner-society has requested the Secretary to allot this space to the co-operative Society on behalf of 312 families of the colony. Again on 3-4-1990, a representation was made to the Housing Board Minister and in that reference is made as if the cost of open space is also included in the cost of the flats allotted to the Petitioners, Learned Senior Counsel also refers to another communication dated 10-4-1990 addressed to the Chairman, Tamil Nadu Housing Board in which it is stated that the total cost of flats of the colony are inclusive of the open space. It is seen that the representation dated 10-4-1990 is different from the representation made on 3-4-1990, addressed to the Minister-In-charge. In that communication, a doubt has been raised whether the cost is included in the cost of the flats, but in the communication addressed to the Chairman the Society is very definite about the aspect. But ultimately on 23-7-90, the Society addressed a letter to the Chairman again in which it is requested to allot the open space at the north-eastern corner of the fiats abutting the 7th avenue Road to the Society for use by the Members and for more than eight years, the Petitioner is requesting for allotting the space.

After considering the communications referred to and the averments made in the affidavit, I do not see any reason to issue a writ as prayed for. In my view, by no stretch of imagination, can it be said that the society is entitled to get the open space. It is also not alleged clearly that the price has been collected from the Petitioner-society for the vacant space. Even in the communications to the Chairman of the Housing Board, the Minister in charge and to the Secretary to the Government, the statements vary with regard to payment cost to the open space.

In view of these, I am not inclined to grant the writ as prayed for. Accordingly, this writ petition stands dismissed.