S.Dhilipkumar v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Dhilipkumar
...Petitioner
-Vs1.The Chairman Tamilnadu Housing Board (TNHB) Ltd., Chennai Circle SE Office, No.493, Anna Salai, Nandanam, Chennai-600 035.
2.The Board of Directors Tamilnadu Housing Board (TNHB) Ltd., Chennai CMDA Complex, Etc Market Road Koyambedu, Chennai-600 107 3.The Executive Engineer & Ado Marketing and Sales, Tamilnadu Housing Board Ltd Thirumazhisai Satellite Town Division No.C-48, 3rd Floor 2nd Avenue, Anna Nagar Mangalur-606 040.
... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to register the sale deed in favour of the petitioner within a stipulated period based on the petitioners' representation dated 24.04.2021. For Petitioner : Mr.T.Nixon For Respondents : Mr.D.Veerasekaran Standing Counsel
ORDER
This Writ Petition has been filed for a direction directing the third respondent to register the sale deed in favour of the petitioner.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. In the year 2017, the respondents had introduced a scheme at Thirumazhisai Satellite Town Division under caste category for allotment of housing plots. The petitioner had applied and he was allotted a plot in MIGType individual house at Sevapet Phase-I by a letter dated 11.08.2017 admeasuring 1453 square feet and the plinth area is 701 sq.ft. The tentative cost was fixed at Rs.28,76,000/-. As per the procedures, the petitioner had paid 5% of the total cost at the time of his application and next part payment of 5%
of amount was paid on 27.10.2017. At the time of commencing the work, he had paid 30% of part payment on 14.02.2018. He had paid another part payment of 30% on 14.02.2018. He had paid another part payment of 30% on 16.03.2018. The final amount of Rs.38,400/- and Rs.8,24,400/- which were paid on 04.05.2018 and 31.05.2018 respectively. Even then the third respondent failed to register any sale deed in favour of the petitioner. Though the petitioner made the payment to the tune of Rs.28,76,000/-, all the payments were made belatedly. The payment schedule is as follows :- Installment number Due date Paid date Amount Delay 04.12.2017 14.02.2018 Rs.8,62,800/- 2 months 10 days 04.02.2018 16.03.2018 Rs.8,62,800/- 1 month 12 days 04.04.2018 04.05.2018 Rs.38,400/- 1 month 04.04.2018 31.05.2018 Rs.8,24,400/- 1 month 27 days
4. As per the terms and conditions of the allotment, interest was charges for belated payments. Accordingly, by a communication dated 05.02.2021, the petitioner was informed to pay a sum of Rs.54,129/- towards interest payable by the petitioner for execution of sale deed. However, the petitioner so far did not pay any interest and approached this Court.
5. Therefore, the third respondent is directed to consider the representation submitted by the petitioner, after giving an opportunity of hearing to the petitioner while calculating interest for the belated payment, and pass appropriate orders to register the sale deed in favour of the petitioner within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition stands disposed of. No costs.
17.04.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Chairman Tamilnadu Housing Board (TNHB) Ltd., Chennai Circle SE Office, No.493, Anna Salai, Nandanam, Chennai-600 035.
2.The Board of Directors Tamilnadu Housing Board (TNHB) Ltd., Chennai CMDA Complex, Etc Market Road Koyambedu, Chennai-600 107
3.The Executive Engineer & Ado Marketing and Sales, Tamilnadu Housing Board Ltd Thirumazhisai Satellite Town Division No.C-48, 3rd Floor 2nd Avenue, Anna Nagar Mangalur-606 040.
G.K.ILANTHIRAIYAN. J, Lpp 17.04.2024