M.Kathiravan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.19301 of 2019 M.Kathiravan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nanthanam, Chennai - 600 035.

2.The Executive Engineer & Administrative Officer, Tamil Nadu Housing Board, Erode Housing Unit, Erode - 638 009.

3.The Manager, Sales & Service, Tamil Nadu Housing Board, Erode Housing Unit, Erode - 638 009.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents herein to consider the petitioner's representation dated 30.07.2018 and to execute sale deed in favour of the petitioner on receipt of the balance of sale consideration based on the allotment Letter No.R3/6936/1998, dated 19.06.1998, within time frame stipulated by this Court. For Petitioner : Mr.S.Kaithamalai Kumaran For Respondents : Mr.R.Bharath Kumar Standing Counsel

O R D E R

This writ petition has been filed seeking for a direction to the respondents herein to consider the petitioner's representation dated 30.07.2018 and to execute sale deed in favour of the petitioner on receipt of the balance of sale consideration based on the allotment letter dated 19.06.1998 within a time frame to be fixed by this Court. 2.Heard Mr.S.Kaithamalai Kumaran, learned counsel for the petitioner and Mr.R.Bharath Kumar, learned Standing Counsel for the respondents.

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3.On instructions Mr.R.Bharath Kumar, learned Standing Counsel for the respondents would submit that in compliance with the directions given by this Court, the petitioner has paid the sale consideration to the respondents. He would also submit that the respondents are willing to execute the sale deed in favour of the petitioner.

4.After recording the submissions made by the learned Standing Counsel for the respondents, this Court directs the respondents to execute the sale deed in favour of the petitioner for the property in Plot No.C-217 at Muthampalayam Housing Unit No.I, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is allowed. No costs.

6.However, it is made clear insofar as the criminal investigation with regard to the alleged fraudulent execution of sale deed by employees of Tamil Nadu Housing Board in Crime No.15 of 2016, District Crime Branch, Erode is concerned, the same shall continue.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pam To 1.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nanthanam, Chennai - 600 035.

2.The Executive Engineer & Administrative Officer, Tamil Nadu Housing Board, Erode Housing Unit, Erode - 638 009.

3.The Manager, Sales & Service, Tamil Nadu Housing Board, Erode Housing Unit, Erode - 638 009.

4.The Investigation Officer, District Crime Branch, Erode +1cc to Mr.S.Kaithaimalai Kumaran , Advocate SR.No. 7173 +1cc to Mr.R.Bharath Kumar , Advocate SR.No. 6928 W.P.No.19301 of 2019 A.SK(22.02.2021).

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