P.Vikram v. The Chairman Cum Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.02.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.9869 of 2022 P.Vikram ... Petitioner ..Vs..

1.

The Chairman cum Managing Director Tamil Nadu Housing Board Anna Salai, Nandhanam Chennai - 600 035.

2.

The Executive Engineer/Administrative Officer Coimbatore Housing Unit, Tamilnadu Housing Board HUDCO colony, Tatabad, Coimbatore - 641 012.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the second respondent to execute the sale deed in favour of the petitioner in respect of Flat No. M1/14, 4th floor, self-financing scheme - Upplipalayam Phase-II in Coimabtore Housing Unit.

*** For Petitioner :: Mr.Radhakrishnan Senior Counsel for Mr.S.Kadarkarai for M/s.Thamizharasi Law Firm

For Respondents :: Mr. D.Veerasekaran

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking a direction to the second respondent, the Executive Engineer/Administrative Officer, Coimabatore Housing Unit, Tamilnadu Housing Board, HUDCO Colony, Tatabad, Coimbatore, to execute a sale deed in favour of the petitioner P.Vikram, resident at P.Ramachandrapuram (PO), Rajapalayam (TK), Virudhunagar District in respect of Flat No. M1/14, 4th Floor, selffinancing scheme - Upplipalayam Phase-II in Coimbatore Housing Unit. 2.

In the affidavit filed in support of the Writ Petition, it had been stated that the second respondent had issued a notification in the year 2012 seeking applications from eligible persons for allotment of 272 apartments with site development work under self-financing scheme in CoimbatoreUpplipalayam Semi Urban Scheme Phase II. The petitioner had applied for the same on 27.03.2013. He paid the necessary registration charges. He also paid 95% cost of the flat as deposit charges. He thus paid a total sum of Rs.1,03,700/- on 21.03.2013 under receipt No. 03-35944. He was then informed that he had been allotted MIG Flat No. M1/14, 4th floor at

Upplipalayam Phase II Scheme during lot conducted on 18.07.2014. There were rules and regulations prescribed. The remaining 95% of the cost of the flat should be paid in 8 installments. He was then called upon to pay the installments in accordance with the schedule. The total cost worked out to Rs.21,41,000/- as on 31.08.2014. The petitioner claims that he had paid the entire amount in accordance with the installments and the due dates prescribed. He then received a letter signed on 19.12.2014 from the second respondent that he had paid only Rs.19,38,950/- and that he has to pay balance of Rs.1,02,050/-. He however claimed that he had already paid the said amount by way of demand draft. The petitioner was handed over possession on 05.03.2018. He then paid a sum of Rs.5,000/- towards maintenance charges.

3.

It has been represented by the respondents that the cost of the project had not yet been finalised and after that the sale deed would be executed. There were correspondences between the petitioner and the respondents.

4.

The petitioner also relied on a newspaper report on 03.04.2022

that those who had paid the total amount can avail benefit and the sale deed would be executed during a particular mela. The petitioner alleged that the respondents have been delaying in executing the sale deed. It is under those circumstances that he had filed the Writ Petition seeking a direction to execute the sale deed.

5.

A counter affidavit has been filed. In the counter, though the facts have not been disputed, it had been stated that the flats in question was allotted to the petitioner only at tenanted cost. It had been stated that after finalisation of the final cost and after settlement of the final cost as determined by the respondents/ Board, along with interest if any, the sale deed would be executed in favour of the petitioner. It had also been held out that after settling the final cost along with any due interest upto the date of payment, the sale deed would be executed by the respondent/Board to all the allottees including the petitioner herein. 6.

Heard the learned Senior Counsel Mr.Radhakrishnan, on behalf of the petitioner and Mr.D.Veerasekaran, learned Standing Counsel for the

respondents herein.

7.

The facts are not in dispute. The petitioner had been allotted flat in the fourth floor in M1/14, self-financing scheme Upplipalayam Phase-II in Coimbatore Housing Unit. The tenanted cost had been determined. It was paid in installments. The total cost was determined at Rs.21,41,000/-. The petitioner claims that he had paid the entire amount. The respondents have not raised serious dispute about that particular fact. 8.

The petitioner has now stated that though the lease cum sale deed had been executed, the sale deed should be executed by the respondents herein. It is stated by the learned counsel for the respondents that the second respondent had forwarded a proposal to the first respondent to determine the total cost and it is stated that once that is determined, if the petitioner is due and payable any further amount, then on such payment and if interest is to be paid with payment of interest, the sale deed would be executed.

9.

In view of these facts, a direction is given that within a period

of 8 weeks from the date of receipt of a copy of this notice, the first respondent may process the proposal of the second respondent and pass orders. On passing of such orders, the petitioner may, if called upon to pay any balance amount, abide by the terms and conditions of the first respondent and if he does so, I am confident that within a period of four weeks from the date on which the petitioner makes such payment, the sale deed would be executed by the respondents herein. 10.

Recording as above, no further orders are required. The Writ Petition stands disposed of. No order as to costs. 28.02.2023 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To 1.

The Chairman cum Managing Director Tamil Nadu Housing Board Anna Salai, Nandhanam Chennai - 600 035.

2.

The Executive Engineer/Administrative Officer

Coimbatore Housing Unit, Tamilnadu Housing Board HUDCO colony, Tatabad, Coimbatore - 641 012.

C.V.KARTHIKEYAN, J., vsg W.P.No.9869 of 2022

28.02.2023