Hemavathy v. The Tamil Nadu Housing Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2023
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.20806 of 2021 Hemavathy .. Petitioner Vs.
1.The Tamil Nadu Housing Board, Rep by its Executive Engineer & Administrative Officer, Special Division - I, Anna Nagar Western Extension, Chennai - 600 101.
2.M/s.Food Corporation of India, Office of the Joint Manager, (Port Operations), Chennai House, No.7, Esplande, Chennai - 600 001.
3.N.K.Murali ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to issue No Objection Certificate and consequently to direct the 1st respondent to execute the Sale Deed in favour of the petitioner based on the petitioner representation dated 24.08.2021.
For Petitioner .. Mr.K.Raja Shrinivas for Mr.S.Satheeskumar For R1 .. Mr.D.Veerasekaran, Standing Counsel
ORDER
This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the 2nd and 3rd respondents namely, Food Corporation of India, Chennai and N.K.Murali, who was the husband of the petitioner herein to give No Objection Certification and consequently, direct the 1st respondent / the Tamil Nadu Housing Board, to execute a Sale Deed in favour the petitioner based on the representation given on 24.08.2021. 2.The petitioner and the 3rd respondent herein had been involved in a marital relationship. There were also two children born to them. The 3rd respondent was working in the 2nd respondent namely, Food Corporation of India. At that particular point of time, the petitioner had applied for allotment of a house and the 1st respondent / Tamil Nadu Housing Board, had allotted HIG Twin House No.186, Anna Nagar West on outright basis
by executing a lease cum sale agreement. Originally, the allotment was in the name of the petitioner. However, it was stated that the 3rd respondent should also be joined as co-allottee and accordingly, the 3rd respondent had also joined as a co-allottee. But then, the 3rd respondent for reasons best known to him had run away from the marital house and disappeared. The petitioner is not able to locate him as on date. He has also not come forward to claim any right. The petitioner, as a single mother, bringing up the two children had also filed H.M.O.P.No.3351 of 2012 on the file of the II Additional Family Court, Chennai and had also obtained dissolution of the martial relationship.
3.Since the entire amounts payable towards the purchase of the house had been paid, the petitioner sought a Sale Deed to be executed by the 1st respondent. This also required a No Objection Certificate, to be given by the 2nd respondent / employer of the 3rd respondent. 4.In the counter affidavit of the 2nd respondent, it had been stated as follows:
"7.I state that the above said N.K.Murali, the 3rd respondent herein, had already attained superannuation on 31.01.2010. And the Food Corporation of India has also already settled all the terminal benefits to the 3rd respondent and there is no amount due by the 3rd respondent to the Food Corporation of India on any account including on HBA. And the 2nd respondent has no objection for the execution of the sale deed in favour of the petitioner by the 1st respondent if the 1st respondent fully satisfied itself regarding the claim of the 1st petitioner."
5.The 1st respondent had also filed a counter affidavit, where, quite naturally they held out that since the allotment had been in the joint names of the petitioner and 3rd respondent, they require a No Objection Certificate from the 3rd respondent. Since the 3rd respondent is not available, and in spite of the notices issued to the addresses known to the petitioner and the address known to the 2nd respondent, had not appeared before this Court and had taken a conscious decision to abstain from this Court, I hold that no purpose would be served by holding over the writ petition.
6.The following directions are issued:
(i).The 1st respondent is directed to executed a Sale deed with respect to the aforementioned house in favour of of the petitioner alone. (ii).The petitioner has to execute an indemnity that, if ever the the 3rd respondent surfaces at some point of time and claims right, she would ensure that, she will handle that particular situation without any adverse effect on the 1st respondent for having executed the sale deed. (iii)The indemnity bond may be in the manner as required by the 1st respondent, absolving the 1st respondent of any legal proceedings and of any liability to the 3rd respondent.
(iv)On obtaining such indemnity, the 1st respondent may execute the sale deed on or before six weeks from the date of receipt of a copy of this order.
7.With the above observations, this Writ Petition stands allowed. No costs.
22.02.2023 Index:Yes/No Internet:Yes/No smv
To 1.Executive Engineer & Administrative Officer, Special Division - I, Tamil Nadu Housing Board, Anna Nagar Western Extension, Chennai - 600 101.
2.The Food Corporation of India, Office of the Joint Manager, (Port Operations), Chennai House, No.7, Esplande, Chennai - 600 001.
C.V.KARTHIKEYAN,J.
smv W.P.No.20806 of 2021 22.02.2023