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Madras High CourtWP/32646/2013disposed of

Tmt.Shantha Shanmugarajan v. State Of Tamilnadu

2021-10-28Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM W.P.No.32646 of 2013 and M.P.No.1 of 2013 Shantha Shanmugarajan

...Petitioner

Vs.

1. State of Tamil Nadu, Represented by its Secretary to Government, Housing Unit and Urban Development Department, Fort St. George, Chennai - 600 009.

2.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

3. Manager Marketing & Service, O/o. Executive Engineer and Administration Officer, Coimbatore Housing Unit, Tatabad, Coimbatore - 641 012.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice Lr.No. /Relief G.O.115 / 2013 dated 12.6.2013 of the 3rd respondent and quash the same and forbearing the respondents from claiming interest retrospectively from the date of original allotment on the differential cost in land and directing the respondents to execute the sale deed for the petitioner's allotted House No.849, MIG with the land measuring an extent of 1500 square feet, at TNHB Colony, Ganapathy-66, Coimbatore within a time stipulated by this Court at the rate fixed by this Court.

For Petitioner : Mr.R.Kannan For R1 : Mr.C.Kathiravan Government Advocate For R2 and R3 : Mr.R.Bharath Kumar

O R D E R

(Through Video Conferencing) The relief sought for in the present writ petition is to quash the impugned notice of the 3rd respondent, dated 12.6.2013, and to forbear the respondents from claiming interest retrospectively from the date of original allotment on the differential cost in land and to direct the respondents to execute the sale deed for the petitioner's allotted House No.849, MIG with the land measuring an extent of 1500 square feet, at TNHB Colony, Ganapathy-66, Coimbatore. 2.The learned counsel appearing on behalf of the respondent/Tamil Nadu Housing Board brought to the notice of this Court that, during the pendency of the writ petition, the petitioner has paid the entire amount and the Tamil Nadu Housing Board has also executed sale deed in favour of the petitioner. 3.

This being the factum, no further adjudication is required in respect of the grounds raised in the present writ petition. The learned counsel appearing for the petitioner states that the excess amount paid is to be refunded. It is for the petitioner to approach the authorities, if any such claim is sustainable.

With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mkn To

1. The Secretary to Government, State of Tamil Nadu, Housing Unit and Urban development Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

3. The Executive Engineer and Administration Officer, Managing Marketing & Service, Coimbatore Housing Unit, Tatabad, Coimbatore - 641 012.

W.P.No.32646 of 2013 GSM(CO) RGA(17/11/2021)