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Madras High CourtWP/6783/2018disposed of

M/S.S.M.& Co.,Regd Partnership v. Tamil Nadu Housing Board,

2018-03-23Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.6783 of 2018 M/s.S.M.& Co., A registered Partnership Firm represented by its Managing Partner Mr.K.Mani S/o.Mr.Kariyappan .. Petitioner Vs.

1.Tamil Nadu Housing Board Rep. by its Managing Director No.33, Anna Salai, Nandanam, Chennai-600 035.

2.The Chief Engineer Tamil Nadu Housing Board No.33, Anna Salai Nandanam, Chennai-600 035.

3.The Manager Marketing and Services Tamil Nadu Housing Board - Salem Housing Unit Iyyanthiru Maaligai Salem - 636 008.

4.The Executive Engineer cum Administrative Officer Tamil Nadu Housing Board Tamil Nadu Housing Board - Salem Housing Unit Iyyanthiru Maaligai Salem - 636 008.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 3 and 4 to execute the sale deed and register the same in favour of the petitioner in respect of Commercial Plot No.C4, Kandhampatti West, Salem on the basis of Order of confirmation issued by the 3rd respondent vide Letter No.R4/1644/2010 dated 12.10.2012, within the time to be stipulated by this Hon'ble Court.

For Petitioner: Mr.R.Bharath Kumar For Respondents: Mr.V.Anandamoorthy standing counsel

O R D E R

Mr.V.Anandamoorthy, learned standing counsel takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents 3 and 4 to execute the sale deed and register the same in favour of the petitioner in respect of Commercial Plot No.C4, Kandhampatti West, Salem, on the basis of order of confirmation issued by the 3rd respondent vide Letter No.R4/1644/2010 dated 12.10.2012.

3. The grievance of the petitioner is that even though the entire sale consideration was paid and the petitioner was also put in possession of the subject matter plot, till this date, the Housing Board has not come forward to execute the sale deed inspite of repeated request made by the petitioner. Ventilating such grievance, the petitioner has made several representations, out of which, one was made on 19.04.2017 to the first respondent.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider the grievance of the petitioner and take appropriate steps on merits and in accordance with law, without loss of further time. Accordingly, this writ petition is disposed of, by directing the first respondent to consider the request of the petitioner and pass orders on the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mk

To 1.The Managing Director Tamil Nadu Housing Board No.33, Anna Salai, Nandanam, Chennai-600 035.

2.The Chief Engineer Tamil Nadu Housing Board No.33, Anna Salai Nandanam, Chennai-600 035.

+ 1 cc to MR.R. Bharathkumar, Advocate Sr.23298 + 1 cc to MR. V.Anandhamurthy, Advocate Sr.22297 W.P.No.6783 of 201 KK(CO) EU(10/04/2018)