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Madras High CourtWP/2459/2021dismissed for nonprosecution

T.Subramani v. The Executive Engineer

2024-02-19Honourable Mrs Justice J. Nisha Banu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and WMP No.2775 of 2021 T.Subramani S/o Thirumalaisamy ... Petitioner vs.

1. The Executive Engineer-cum-Administrative Officer, Tamil Nadu Housing Board, Erode Housing Board Unit, Sampath Nagar, District Collector Office Road, Erode - 638 011.

2. The Assistant Revenue Officer, Tamil Nadu Housing Board, Erode Housing Board Unit, Sampath Nagar, District Collector Office Road, Erode - 638 011.

... Respondents Prayer in WP : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents their man and people or subordinates from in any way dispossessing or cancelling the allotment made in favour of the petitioner by granting 4 1/4

monthly installments to pay the sum of Rs.8,04,329/-. For Petitioner : No appearance For Respondents : Mr.D.Veerasekaran Standing Counsel for TNHB

O R D E R

At the time of admission, this Court granted interim injunction on 05.02.2021, on condition that the petitioner shall pay 50% of the sum of Rs.8,04,329/- within a period of two weeks from the date of receipt of the said order.

2. When the matter was called on 16.02.2024, there was no representation for the petitioner. Therefore, it was posted under the caption 'for dismissal' on 19.02.2024.

3. Even today, when the matter is called, there is no representation for the petitioner. However, the learned counsel for the respondent submits that the amount has not been paid by the petitioner till date. Thus, the condition imposed by this Court on 05.02.2021, has not been complied with so far. Therefore, this Court is of the opinion that the writ petition is liable to be dismissed on merits as well as for non-prosecution. Accordingly, the Writ Petition is dismissed. No costs. Consequently, 2/4

connected miscellaneous petition is closed.

19.02.2024 Index :yes/No Speaking /Non speaking order vsi To

1. The Executive Engineer-cum-Administrative Officer, Tamil Nadu Housing Board, Erode Housing Board Unit, Sampath Nagar, District Collector Office Road, Erode - 638 011.

2. The Assistant Revenue Officer, Tamil Nadu Housing Board, Erode Housing Board Unit, Sampath Nagar, District Collector Office Road, Erode - 638 011.

J.NISHA BANU, J.

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