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Madras High CourtWP/19303/2019allowed

S.Gunasekaran v. The Managing Director

2021-02-08Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.19303 of 2019 S.Gunasekaran ... 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.R7/10307/1998, dated 31.03.2000 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 his in favour on receipt of the balance of sale consideration based on the allotment dated 31.03.2000 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 the respondents are willing to execute the sale deed in favour of the petitioner subject to the payment of entire sale consideration along with interest till date he makes the payment. 4.After recording the said submission made by the learned Standing Counsel for the respondents, this Court directs the petitioner to pay the balance sale consideration in respect of Plot No. L-414 at Muthampalayam Housing Unit No.I on 31.03.2000, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said payment, the respondents shall execute the sale deed in favour of the petitioner within a period of four weeks thereafter. 5.With the aforesaid 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. 7171 +1cc to Mr.R.Bharath Kumar , Advocate SR.No. 6926 W.P.No.19303 of 2019 A.SK(22.02.2021).

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