w w w . L a w y e r S e r v i c e s . i n

K. Parameswaran & Others v/s The Secretary to Government, Housing & Urban Development Department, Chennai & Others

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- J J DEVELOPMENT PRIVATE LIMITED [Active] CIN = U50300WB1996PTC081491

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- K K R DEVELOPMENT PVT LTD [Active] CIN = U70101WB1981PTC034258

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- D P S DEVELOPMENT PVT LTD [Active] CIN = U45202WB1988PTC044797

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- M S S HOUSING DEVELOPMENT INDIA LTD [Strike Off] CIN = U45201PB1991PLC011616

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    WA. Nos. 1152 to 1154 of 2020 & CMP. Nos. 14198 to 14202 & 14196 of 2020

    Decided On, 06 January 2021

    At, High Court of Judicature at Madras


    For the Appellants: R. Saravanakumar, Advocate. For the Respondents: R1, V. Jayaprakash Narayanan, State Government Pleader, R2, R4 & R5, R. Bharathkumar, Advocate.

Judgment Text

(Prayer: Appeals filed under Clause 15 of the Letters Patent against the common order dated 08.10.2020 in W.P.Nos.19625 to 19627 of 2013 on the file of this Court.)Common Judgment:Sanjib Banerjee, C.J.1. The appeals are directed against a common judgment and order of October 8, 2020, on three writ petitions filed by three erstwhile employees of the Tamil Nadu Housing Board.2. The facts are not much in dispute. The writ petitioners or their predecessors-in-interest were allotted flats at Masthan Garden in C.I.T Nagar, Chennai. The construction was made in the year 1954 and the original allotments were made contemporaneously.3. It appears that in or about 2001, a scheme was put in place by the State or the appropriate authority for conversion of the rental flats at Masthan Garden colony to ownership flats. A cluster of 50 flats was allowed to be converted from rent to ownership. Four similarly situate, but different, flats in the Masthan Garden colony were not included in the scheme.4. The four allottees of such four flats or the persons who were in possession of such four flats made a representation to the respondents in 2001 for the four flats to also be included as part of the scheme. One flat has since been allotted to the Fire Department and is not the subject-matter of the present proceedings; the three other flats continue to be occupied by the three writ petitioners and it is upon their request for conversion of the rental flats to ownership flats being rejected in 2013 that the writ petitions came to be filed in the same year.5. The appellants rely on several documents to claim that there was a mistake on the part of the respondent authorities in not including these three appellants or the allottees of the four flats and making a distinction between the 50 other similar flats and the four flats. The appellants refer to their representation of September 21, 2001 to the Managing Director of the Tamil Nadu Housing Board. In such representation, the appellants requested the Board to make their “present rental flats ..... as ownership flats”. The appellants next refer to a letter dated June 10, 2002, issued by the Executive Engineer of the Board to the Revenue Officer indicating that the four flats were adjacent to the 50 Masthan Garden flats and should have been treated similarly as the 50 other flats which were converted from rental flats to ownership. Indeed, the relevant letter records, in its final paragraph, as follows:“Hence, this is to inform that, when action is taken for Masthan Garden Flats action can be taken including these 4 flats.”6. The appellants claim that their representations continued thereafter and in 2006, an internal finding of the Managing Director noticed the appellants' plight and the Managing Director recommended the acceptance of the appellants' request. However, the Chairman of the Board ultimately rejected the request.7. Another internal note of the Board, which appears to have been prepared in the year 2007, dealt with the cases of these three appellants and opined that the three appellants be treated as the original allottees at par with the allottees of 1954 and be provided sale deeds with the property being valued as in 1983, just as the 50 other similarly placed flat owners had been treated. Finally, the appellants rely on a writing of May 19, 2006, where the Managing Director of the Board again recommended that the appellants be permitted to purchase the flats outright as the appellants' names appeared to have been omitted from the original list.8. The case that is sought to be made out by the appellants is that the original scheme included the appellants' three flats as well and that at the time of the recommendation being made for conversion of the rental flats into ownership flats, the names of four persons had been missed out, including the names of these three appellants. The word “omitted” used by the Managing Director in the internal communication of May 19, 2006, appears to be the source of sustenance for founding the argument that a mistake was committed in 2001 for which the appellants continued to make representations till the respondents refused to rectify the mistake in 2013, whereupon the appellants approached the Writ Court within ten days of the order of rejection of July 1, 2013.9. A reading of the very documents that the appellants rely on would, however, indicate a completely different picture. It does not appear that the four other flats in the Masthan Garden colony were included along with the 50 flats that were recommended to be made over to the original allottees on ownership basis from the existing rental basis. Indeed, the very first representation made by the appellants requests the authorities to include the four flats that had been left out. No case of any mistake was made out.10. The initial report of the Board also reveals that the appellants' flats were similarly situated as the 50 other Masthan Garden colony flats though the appellants' flats were larger in size measuring approximately 310 sq. ft. against the approximately 228 sq. ft. that the other flats measured. It is evident that the initial scheme propounded by the authorities in 2001 was limited to the 50 flats and did not include the four adjacent flats, three of which are claimed by the appellants herein. There was no mistake in any name being accidentally missed out, though there may have been a mistake in not including the four adjacent flats along with initial lot of 50 flats.11. Apart from the fact that this does not appear to be a case of a right being vested in the appellants and such right being denied, it appears that the appellants did not pursue the matter in right earnest and now seek to use the word “omitted” in the letter of May 19, 2006, to attack the impugned rejection of July 1, 2013. In the meantime, the policy of the State has changed and rental flats are no longer, after about 2006, allowed to be taken over as ownership flats without paying the current market value thereof.12. It is also of some significance that the three flats of the appellants are in a highly dilapidated condition and demolition orders may have already been passed. In such a scenario, particularly when the flats today are of no value and the flats have been enjoyed by the appellants for such a long time, there is no further modicum of right that the appellants can squeeze out of the present situation. It is possible that the appellants continue to occupy the dilapidated flats, but the appellants have no right to assert ownership over the space that they continue to occupy or claim conversion of their limited rights as tenants to those as owners.13. The order impugned refers to an option that was given by the Board to

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the appellants. The Board has submitted that it was under no obligation to give the appellants any choice, but considering the circumstances, the offer had been made.14. If the offer is still valid, it will be open to the appellants to accept the same. However, as far as the three flats are concerned, the appellants have no rights to claim ownership over or in respect thereof. If any order of demolition has been made, the same has to be carried out in accordance with law.There is no merit in the appeals. The judgment and order impugned do not call for any interference. W.A.Nos.1152, 1153 and 1154 of 2020 are dismissed. However, there will be no order as to costs. Consequently, C.M.P.Nos.14198 to 14202 and 14196 of 2020 also stand dismissed.