S.Marimuthammal(Deceased) v. The Manager (Sales And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2023 CORAM :

The HONOURABLE DR.JUSTICE ANITA SUMANTH and M.P.No.1 of 2015 & M.P.No.2 of 2014.

1.S.Marimuthammal(deceased) 2.Sennammal 3.S.Arasappan 4.A.Saravanan 5.A.Mageshwaran 6.Venkatesan @ Venkateshwaran (P2 to P6 substituted as LRs of deceased P1 vide order dated 30.09.2022 made in WMP 24213/22 in WP 460/2015 by NSKJ) .. Petitioners vs The Manager (Sales and Service) O/o. Executive Engineer and Administrative Officer, Vellore Housing Unit, Tamilnadu Housing Board, Sathuvachary, Vellore & District Pin 632 009.

.. Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for entire records pertaining to the impugned notice issued by the respondent in Letter No.A-2/2985/98 dated 24.10.2014 and the subsequent notice in Letter No.A-2/2985/98 dated 23.12.2014 and quash the same as illegal, consequently forbear the respondent 1/4

from evicting the petitioner from the house, namely, MIG-250 Thamarai Nagar, Thiruvannamalai District.

For Petitioners :

Mr.K.Thilageswaran For Respondent :

Mr.D.Veerasekaran Standing Counsel

ORDER

1.

The petitioners have challenged an order passed by the Tamil Nadu Housing Board (in short 'Board') dated 23.12.2014 which constitutes a demand raised in respect of amounts stated to be due from the petitioner relating to house bearing MIG-250 admeasuring 1150 sq ft at Thamarai Nagar, Thiruvannamalai District on 31.03.1998 (in short 'property/ property in question'). 2.

The writ petition is infructuous as on date and the demand can no longer be sustained by the respondent insofar as the parties before me i.e., the petitioners and the respondent, have referred the matter to arbitration and in Arbitration Award dated 25.09.2021 in Arbitration No.3 of 2018, Hon'ble Mr.Justice K.Venkatraman (retired) from this High Court has decided various disputes relating to the payment of amounts between the parties. 2/4

3.

With this and recording the aforesaid, this writ petition is closed. It is open to the respondent to pursue the demand strictly based on the computation under the arbitration award. No costs. Connected miscellaneous petitions are closed. 24.01.2023 Index:Yes/No ssm To The Manager (Sales and Service) O/o. Executive Engineer and Administrative Officer, Vellore Housing Unit, Tamilnadu Housing Board, Sathuvachary, Vellore & District Pin 632 009.

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DR. ANITA SUMANTH,J.

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