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Madras High CourtWP/27778/2016dismissed

Lay Apostolate Divine Word v. The Principal Secretary To

2021-09-27Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2021

CORAM:

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.27778 of 2016 Lay Apostolate Divine Word Society represented by its Secretary S.Santhana Muthu ..Petitioner Vs

1. The Principal Secretary to the Government, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 034.

3. The Executive Engineer and Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, Ashok Nagar Shopping Centre, Chennai - 600 083.

..Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 2 and 3 to execute the sale deed in favour of the petitioner society for the property in Survey No.55/1A part and 1B part in Plot No.21 (Cement Godown), Kamarajar Salai, K.K.Nagar Scheme, Chennai, based on regular allotment order and L.C.S agreement dated 26.08.1993. For Petitioner :

Mr.R.Annamalai For Respondents:

Mr.K.M.D.Muhilan Government Advocate [R1] Mr.R.Bharath Kumar [R2 & R3] https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The learned counsel appearing on behalf of the Tamil Nadu Housing Board / respondents 2 and 3, made a submission that the allotment made in favour of the petitioner was cancelled, as early as on 14.12.2005 and the amount deposited by the petitioner was also refunded on 16.12.2005.

2. However, the writ petition is filed after a lapse of about 11 years in the year 2016. Thus, the writ petition stands dismissed on the ground of latches. Further, the petitioner has not challenged the order cancelling the allotment. No Costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rap/ars To

1. The Principal Secretary to the Government, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 034.

3. The Executive Engineer and Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, Ashok Nagar Shopping Centre, Chennai - 600 083.

+1cc to Mr.R.Bharathkumar, Advocate, S.R.No.50382 +1cc to the Government Pleader, S.R.No.50500 W.P.No.27778 of 2016 GPL(CO) RGA(20/10/2021) https://hcservices.ecourts.gov.in/hcservices/