Mr.X.Durairaj v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11372 of 2018 X.Durairaj

...Petitioner

Vs.

1. The Secretary,

2. The Managing Director,

3. The Executive Engineer and Administrative Officer, Coimbatore Housing Unit, Coimbatore - 641 012.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second and third respondents to consider the various representations dated 05.04.2016, 29.03.2017, 10.04.2018 and 01.02.2012 respectively to execute the sale Deed in furtherance to the Allotment order dated 23.02.2005 issued by the third respondent pertaining to Plot No.05, Coimbatore Housing Unit, mini Cottage, Finger Road, Ooty in favour of the petitioner. For Petitioner : Mr.M.Aravind Subramaniam For Respondents : Mr.V.Anandamurthy, Standing counsel for TNHB

O R D E R

The petitioner seeks for a Mandamus directing the 2nd and 3rd respondents to consider the representations made by him dated 05.04.2016, 29.03.2017, 10.04.2018 and 01.02.2012, wherein and whereby, he sought for execution of the sale deed in furtherance to the allotment order dated 23.02.2005 issued by the 3rd respondent pertaining to Plot No.05, Coimbatore Housing Unit, Mini Cottage, Finger Road, Ooty in favour of the petitioner.

2. Heard both sides.

3. The grievance of the petitioner is that though the petitioner has paid the entire cost of the plot, the Housing Board has not come forward to execute the sale deed. Ventilating such grievance, the petitioner has made several representations dated 05.04.2016, 29.03.2017, 10.04.2018 and 01.02.2012. It is stated that those representations have not been considered so far. Whether the petitioner has paid the entire costs and consequently, whether he is entitled to get the sale deed executed by the Housing Board, is for the 3rd respondent to consider and decide. Therefore, this Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner.

However, as the request made by the petitioner as stated supra is still pending, this Writ Petition is disposed of only by directing the 3rd respondent to consider those representations of the petitioner and pass orders on the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs.

1. The Secretary,

2. The Managing Director,

3. The Executive Engineer and Administrative Officer, Coimbatore Housing Unit, Coimbatore - 641 012.

+1cc to Mr.M.Aravind Subramanian, Advocate SR.No.14563 W.P.No.11372 of 2018 GMY(19/02/2019)