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Madras High CourtWP/9932/2026disposed of with direction

Alen Godfrey R.Jose v. The State Of Tamil Nadu

2026-03-13Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI W.P.No. 9932 of 2026 and W.M.P.Nos.10734, 10736, 10737 & 10738 of 2026 Alen Godfrey R.Jose

...Petitioner(s)

Vs 1.The State of Tamil Nadu Rep by its Managing Director, Tamil Nadu Housing Board, Pocket-VI, Commercial complex cum Board Office, CIT Nagar, 1st Main Road, Chennai-600 035.

2.Additional Chief Secretary to Government of Tamil Nadu, Tamil Nadu Housing Board and Urban Development, Secretariat, Chennai-600 009.

3.The Executive Engineer & Ado, Thirumazhisai Satellite Town Division, Tamil Nadu Housing Board, C-48, (3rd Floor), Second Avenue, Anna Nagar, Chennai-600 040.

4.The Managing Marketing & Service, Thirumazhisai Satellite Town Division, Tamil Nadu Housing Board, C-48, (3rd Floor), Second Avenue, Anna Nagar, Chennai-600 040.

...Respondent(s)

Prayer: Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for records pertaining to the orders of the 3rd respondent made in letter No.Thi.thu.ko.na.ko/A4/617/2010 dated 29.09.2025 and the letter No. No.Thi.thu.ko.na.ko/A4/617/2010 dated 19.02.2026 and quash the same, consequent to direct the respondents to execute the sale deed in the name of the petitioner for the land and house bearing number HIG House No.1 at Sevapet Phase-II, Tiruvallur District.

For Petitioner(s):

M/s.R.Malaichamy For Respondent(s):

Mr.D.Veerasekaran, for RR-1, 3 & 4 Mr.R.Murthi, Govt.Advocate for R-2

ORDER

The present Writ Petition has been filed challenging the orders passed by the 3rd respondent dated 29.09.2025 & 19.02.2026 whereby, an enhanced amount has been demanded from the petitioner towards the subject property.

2. Mr.D.Veerasekaran, learned counsel takes notice on behalf of respondents 1, 3 & 4 and Mr.R.Murthi, learned Government Advocate takes notice on behalf of the 2nd respondent.

3. It is the case of the petitioner that he was allotted a HIG (Higher Income Group) Plot in the year 2010 under the Government Discretionary Quota. The said allotment was made in favour of the petitioner vide order dated 01.02.2010 at a tentative cost of Rs.13,86,784/- which amount was fully paid by the petitioner and a possession of the plot was also handed over to him. Subsequently, the 4th respondent by letter dated 03.03.2017, demanded a sum of Rs.26,02,053/- which was later enhanced by Rs.35,24,269/-.

4. Aggrieved by the said demand, the petitioner filed a Writ Petition in W.P.No.20484 of 2024, wherein, this Court, by order dated 28.04.2025, directed the 2nd respondent to consider the case of the petitioner in the light of the G.O.Ms.No.116 dated 04.08.2025. Pursuant thereto, the 3rd respondent issued a letter dated 29.09.2025 fixing a final cost at Rs.27,72,229/- without furnishing any details regarding computation.

5. Therefore, the petitioner submitted a representation dated 04.10.2025 to the 4th respondent seeking statement of accounts particularly with respect to the interest component. On receipt of the said representation, the 3rd respondent reiterated the demand through communication dated 29.09.2025 and subsequently, issued the impugned order dated 19.02.2026 demanding a sum of Rs.28,02,952/-. Aggrieved by which, the present Writ Petition has been filed.

6. Learned counsel appearing for the petitioner submitted that, as per the lease-cum-sale agreement, the tentative cost of the subject property was Rs.13,88,020/- which has already been paid in full however, the respondents after converting the hire purchase to outright purchase, have demanded an enhanced rate of final cost without furnishing any month-wise calculation or working sheet and hence, the demand is arbitrary and illegal. The learned counsel for the petitioner, however, submitted that the petitioner is ready and willing to remit the demand amount.

7. On the above contention, this Court heard the learned Counsel appearing for the respondents and perused the materials available on record.

8. Though the main grievance of the petitioner is that the impugned orders are bereft of month-wise breakup particulars as required under G.O.Ms.No.116 dated 04.08.2025 however, this Court, taking into consideration the submission made by the learned counsel for the petitioner

that the petitioner is ready to pay the demanded amount, issues the following directions:

i) the petitioner is directed to deposit the demand amount with the respondent concerned on or before 31.03.2026.

ii) Upon such deposit, the respondents are directed to execute the sale deed in favour of the petitioner in respect of the subject property within a period of two (2) weeks from the date of payment of the entire amount.

iii) the respondents are further directed to furnish a month-wise breakup particulars to the petitioner with respect to the demand amount so as to enable him to work out the remedy in the manner known to law.

9. With the aforesaid direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

13-03-2026 Index: Yes/No Speaking/Non-speaking order Nhs Note to Office : Issue order copy on 25.03.2026

To 1.The Managing Director, The State of Tamil Nadu Tamil Nadu Housing Board, Pocket-VI, Commercial complex cum Board Office, CIT Nagar, 1st Main Road, Chennai-600 035.

2.Additional Chief Secretary to Government of Tamil Nadu, Tamil Nadu Housing Board and Urban Development, Secretariat, Chennai-600 009.

3.The Executive Engineer & Ado, Thirumazhisai Satellite Town Division, Tamil Nadu Housing Board, C-48, (3rd Floor), Second Avenue, Anna Nagar, Chennai-600 040.

4.The Managing Marketing & Service, Thirumazhisai Satellite Town Division, Tamil Nadu Housing Board, C-48, (3rd Floor), Second Avenue, Anna Nagar, Chennai-600 040.

M.DHANDAPANI, J.

NHS W.P.No. 9932 of 2026 and W.M.P.Nos.10734, 10736, 10737 & 10738 of 2026 13-03-2026