Md.Najeebullah Shariff (Died) v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH 1.Md.Najeebullah Shariff (Deceased) 2.Nasreen Najeeb 3.Safraz Habibullah Shariff 4.Shahnaz Mohammedi Shariff ... Petitioners (P2 to P4 are substituted as LRS of deceased P1 as per order dated 07.12.2016 by DKKJ in WMP.No.36748 of 2016 in W.P.No.11231 of 2013) Vs 1.The State of Tamil Nadu Rep. by its Secretary Housing & Urban Development Department, Secretariat, Fort St.George, Chennai.

2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 35.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records of

the respondents relating to the allotment of flat No.H/87 G-4 at Valmiki Nagar, Thiruvanmiyur, Chennai to the petitioner in their allotment Letter No.A1/8889B/98 dated 10.02.2000 and subsequent letter No.AL3/8889-B/98 dated 06.04.2011 and the demand letter No.3/8889-B/98 dated 05.11.2012 enclosing G.O.No.215 dated 28.09.2012 demanding the exorbitant amount of Rs.20,24,200/- and quash the same and consequently direct the respondents to consider the petitioner's representation dated 05.02.2013 and subsequent reminder and representation dated 11.03.2013 and re-fix the cost of the flat at Rs.8,47,200/- on par with the similarly placed allottee for whom the cost of the flat is fixed as Rs.8,47,200/- and re-fix the rate of interest at 8% P.A. from the date of allotment till the date of full and final settlement of the flat cost. For Petitioner : Mr.Kamesh for M.Manivasagam For Respondents : Mr.Veda Bagath Singh Special Government Pleader - R1 Mr.D.Veerasekaran Standing Counsel - R2

O R D E R

Read this order in conjunction with and continuation of orders dated 14.10.2022, 07.11.2022, 21.11.2022, 16.12.2022 & 22.12.2022. 2.On 21.11.2022, the petitioner was permitted to approach the TNHB for rebate and the petitioner has been seeking time since then to file an appropriate petition before the Board.

3.On 22.12.2022, final opportunity was granted to the petitioner to approach the Board. Even today, one Mr.Kamesh, learned counsel appearing on behalf of learned counsel for the petitioner says that the petitioner intends to approach the Board and will do so in due course. 4.I see no reason in keeping the aforesaid writ petition pending any further and in light of the aforesaid narration, I confirm the impugned order. 5.This writ petition is dismissed with liberty as has been granted on earlier occasions. No costs.

kbs 06.01.2023 Index : Yes / No Speaking Order To 1.The State of Tamil Nadu Rep. by its Secretary Housing & Urban Development Department, Secretariat, Fort St.George, Chennai.

2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 35.

Dr.ANITA SUMANTH, J.

kbs 06.01.2023