M.Shanmugam v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Shanmugam ..
Petitioner Vs.
1.The Chairman Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai Chennai - 600 005.
2.The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai Chennai - 600 005.
3.The Secretary to the Government of Tamil Nadu Housing and Urban Development Department Secretariat, Fort St.George Chennai - 600 009.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 and 2 to execute the sale deed in respect of Plot No.70, Lakshmipuram Scheme, Velachery, Chennai -
600 042, measuring about 137.88 sq.mtr, in terms of the allotment order dated Nil.12.1997 and made in Se.Mu.No.705/1995-A1 to the petitioner and pass such further or other orders.
For the Petitioner : Mr.G.Ravisankar For the Respondents : Ms.K.Indumathy Venkatesh for RR1 & 2 Dr.Suriya
ORDER
This Writ Petition is filed for a Mandamus directing the respondents 1 and 2 to execute the sale deed in respect of Plot No.70, Lakshmipuram Scheme, Velachery, Chennai - 600 042, measuring about 137.88 sq.meters in terms of the allotment order dated Nil.12.1997 made in Se.Mu.No.705/1995-A1 to the petitioner.
2. It is the case of the petitioner that the above property has been duly allotted to the petitioner. As directed by the respondent - Board, the petitioner has complied with the matters of payment of the seven installments initially. Thereafter, the market value has also been fixed. The petitioner has paid the entire sale consideration of Rs.12,56,500/-. Thereafter, the Board has given its
approval. In spite of the same, the sale deed is not executed and therefore, the petitioner is before this Court.
3. When the matter is listed under the caption 'for admission', Ms.Indumathy Venkatesh, the learned counsel taken notice on behalf of the respondents and submits that firstly the facts have to be verified and secondly the sale consideration has been fixed now, by the Revenue Department, thirdly, there has to be a board resolution.
4. On perusal of the papers that are filed along with the Writ Petition, it can be seen that already, the sale consideration has been fixed and communicated to the petitioner, the petitioner also paid the same. Therefore, once again, now the respondents cannot enter into that exercise. It is also stated by the learned counsel for the petitioner that there is already a Board resolution in BP. No. 23 of 249 dated 16.07.2009. If that be so, this Writ Petition is disposed of on the following terms, (i) The respondents shall consider the prayer made by the petitioner for
execution of the sale deed and execute the same within a period of twelve weeks from the date of receipt / production of the website uploaded copy of this order, without insisting for a certified copy.
(ii) No costs.
17.02.2025 : Yes / No Jer To 1.The Chairman Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai Chennai - 600 005.
2.The Managing Director Tamil Nadu Urban Habitat Development Board No.5, Kamarajar Salai Chennai - 600 005.
3.The Secretary to the Government of Tamil Nadu Housing and Urban Development Department Secretariat, Fort St.George Chennai - 600 009.
D.BHARATHA CHAKRAVARTHY, J.
Jer 17.02.2025