M.Neela v. Rajkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Mrs.M.Neela ... Appellant Vs.

Mr.Rajkumar Manager Marketing & Service, Mogappair Division, Tamil Nadu Housing Board, Thirumangalam, Chennai - 600 101.

...Respondent

Prayer: This Letters Patent Appeal is filed under Clause 15 of the Letters Patent to set aside the order passed in Cont.P.No.1961 of 2019 dated 26.04.2021 by allowing this Appeal and direct the Tamil Nadu Housing Board to receive the balance amount of Rs.25,92,240/- and execute sale deed in favour of the appellant. For Appellant : Mr.V.Selvaraj for Mr.Devadason and Sagar For Respondent : Mr.D.Veerasekaran ******* 1 / 4

JUDGMENT

(Order of the Court was made by P.VELMURUGAN, J.) The petitioner is the wife of the deceased original allottee. The petitioner has filed Writ Petition in W.P.No.5461 of 2008 seeking mandamus to direct the respondents therein to allot Plot No.1046, HIG type at Mogappair Eri Scheme of Tamil Nadu Housing Board in the name of the petitioner, since her husband, who is the original allottee died.

The Writ Court, by an order dated 27.07.2018 directed the respondents therein to issue sale deed in favour of the petitioner. Thereafter, since the respondent has not issued sale deed as ordered by the Writ Court, the petitioner has filed the present contempt petition in Cont.P.No.1961 of 2019 seeking to punish the respondent for willful disobedience of the order dated 27.07.2018 and this Court vide order dated 26.04.2021 recording the affidavit filed by the respondent informing the Court that the petitioner will be issued sale deed as ordered by this Court, closed the contempt petition. Now the petitioner has filed the present appeal contending that even though originally the total cost of the plot was mentioned as Rs.43,20,400/-, now after the order of the Writ Court directing the respondent to allot the plot to the petitioner herein, the 2 / 4

respondents claiming Rs.83,57,000/-, which is highly condemnable. A careful reading of the order of the Writ Court dated 27.07.2018 and the order in the Cont.P.No.1961 of 2019 dated 26.04.2021, this Court does not find any reason to interfere with the same, since the Writ Court directed the respondent only to issue sale deed in favour of the petitioner herein and the respondent also resolved to issue sale deed in favour of the petitioner as ordered by the Writ Court and recording the same contempt petition was closed. If at all the petitioner has any grievance regarding fixing of price by TNHB, she has to workout her remedy in the manner known to law. In view of the above observations, this appeal stands dismissed. However, the petitioner is at liberty to workout her remedy in the manner known to law. [PVJ] [MJRJ] 19.12.2025 cgi 3 / 4

P.VELMURUGAN. J.

and M.JOTHIRAMAN, J.

cgi 19.12.2025 4 / 4