LAWS(MAD)-2015-3-170

M ARUMUGHAM Vs. GOVERNMENT OF TAMIL NADU; COMMISSIONER, RANIPET MUNICIPALITY

Decided On March 17, 2015
M Arumugham Appellant
V/S
Government Of Tamil Nadu; Commissioner, Ranipet Municipality Respondents

JUDGEMENT

(1.) THE petitioner seeks for issuance of a Writ of Certiorarified Mandamus, to quash the order passed by the first espondent, dated 09.09.2014, and to permit the petitioner to remit the sale amount as per the prevailing guideline value as on 05.09.2011 in respect of the residential premises in question.

(2.) THE facts leading to the filing of the Writ Petition are that the petitioner was appointed as a Secondary Grade Teacher in the school established by the second respondent Municipality. Subsequently, the school was taken over by the Government and the petitioner became an employee under the Education Department. When the petitioner was functioning as Secondary Grade Teacher, he was allotted a residential quarters by the second respondent Municipality on rental basis on 01.06.1970. In terms of the scheme announced by the Government called 'Low Income Group Housing Scheme', the Government permitted the residential quarters belonging to the Municipality to be sold to the occupant by fixing the prevailing guideline value fixed by the Registering Authority. The scheme stipulated a condition that the beneficiaries should not own any residence and their income should not exceed Rs.6000/ - per annum. Though such scheme was in vogue, the second respondent Municipality attempted to sell the property to third parties and directed the petitioner to vacate the quarters. Challenging the said order, the petitioner filed an Application before the Tamil Nadu Administrative Tribunal in O.A.No.346 of 1995. Subsequently, the Application was transferred to this Court and renumbered as W.P.No.27336 of 2006, in which a direction was issued to the Government to consider the claim made by the petitioner within a period of three months. Pursuant thereto, the Government vide G.O.(3D)No.9, dated 05.09.2011, directed the second respondent to sell quarters to the petitioner at the prevailing rate as per the orders in force treating the petitioner's case as a special case and not to be quoted as a precedent.

(3.) IT is submitted that the petitioner would state that the guideline value prevailing on the date of issuance of G.O.(3D)No.9, is Rs.900/ - per sq.ft. The petitioner would further submit that though Government order was passed on 05.09.2011, the second respondent did not take any immediate action and only on 16.04.2012, they addressed the Sub -Registrar, Walajah, to furnish a guideline value, who in -turn furnished the same by proceedings, dated 19.04.2012. The petitioner would further state that no further action was taken by the second respondent in spite of repeated representations and ultimately, by proceedings dated 09.09.2014, called upon the petitioner to remit the sale consideration calculated at the rate of Rs.1800/ - per sq.ft. This order is impugned in this Writ Petition.