P FANCY SUGANTHI BAI Vs. SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT
LAWS(MAD)-2012-6-102
HIGH COURT OF MADRAS
Decided on June 11,2012

P.FANCY SUGANTHI BAI Appellant
VERSUS
SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT,ESTATE MANAGER-CUM-BRANCH MANAGER Respondents

JUDGEMENT

- (1.) THE petitioner has projected the present Writ of Certiorarified Mandamus in calling for the records pertaining to the impugned order passed by the first respondent in Proceedings Letter No.9009A/SC2(1)/04, dated 18.11.2005 and to quash the same. Further, the petitioner has also sought a direction to be issued to the respondents to direct them to allot No.6, SIDCO Housing Quarters, Ambattur Industrial Estate, to her.
(2.) ACCORDING to the petitioner, she is residing at Door No.A6, Police Quarters, SIDCO Housing Quarters, Ambattur Industrial Estate, Chennai-600 058, since 1985. The quarters was originally allotted to her father, who retired from service as Police Constable. From the year 1993, she is working in Ambattur Industrial Estate at M/s.Pack Tech. System and Equipments. The case of the petitioner is that when G.O.Ms.No.128 (Housing and Urban Development Department), dated 24.03.1997 was introduced, she approached the Manager, Ambattur SIDCO Industrial Estate, Chennai, to sell Door No.A6, Police Quarters, SIDCO Housing Quarters, Ambattur Industrial Estate, Chennai-600 058, to her as per G.O.Ms.No.128 (Housing and Urban Development Department), dated 24.03.1997. However, the concerned authority instructed that the said quarters would be allotted to her after her father's retirement from the Police Department. The plea of the petitioner is that after her father's superannuation, she approached the Manager, Ambattur SIDCO Industrial Estate, Ambattur, Chennai, to sell Door No.A6, Police Quarters, SIDCO Housing Quarters, Ambattur Industrial Estate, Chennai-600 058, to her, as per G.O.Ms.No.128 (Housing and Urban Development Department), dated 24.03.1997. But the SIDCO Manager failed to take any action. She submitted a representation on 25.03.2002 before the first respondent praying for the issuance of an order to direct his subordinates to sell the said premises to her in terms of the ingredients of G.O.Ms.No.128 (Housing and Urban Development Department), dated 24.03.1997, referred to supra.
(3.) THE contention of the Learned Counsel for the Petitioner is that the Government of India passed G.O.Ms.No.128 (Housing and Urban Development Department), dated 24.03.1997, in and by which, it was made mention of that the houses in the Industrial Estate could be sold to persons residing there and who are working in the Industrial Estate, if they belonged to weaker section. The Learned Counsel for the Petitioner urges before this Court that the petitioner is fully eligible to get Door No.A6, Police Quarters, SIDCO Housing Quarters, Ambattur Industrial Estate, Chennai-600 058, for purchasing the same as per G.O.Ms.No.128 (Housing and Urban Development Department), dated 24.03.1997, and a sale consideration may be reasonably fixed in accordance with the tenor of the said Government Order, because of the fact that she belonged to economically weaker section.;


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