The Chairman And Managing Director v. A. Vasumathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P.No.12 of 2025 1.The Chairman and Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai Nandhanam, Chennai - 600 035.

2.The Manager, Marketing and Service, O/o. the Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Vellore Housing Unit, Sathuvacahari, Vellore - 632 009.

... Appellants Vs.

1.A.Vasumathi 2.The Secretary to Government, Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai - 600 009.

... Respondents Page No.: 1 of 5

PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order made in W.P.No.34587 of 2019 dated 05.01.2024. For Appellants : Mr.D.Veerasekharan For Respondents : Mr.P.Balathandayutham, Additional Government Pleader ******

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Though the appellants claim to be aggrieved by the order of the writ Court dated 05.01.2024 made in W.P.No.34587 of 2019, we do not think that the cause for appeal survives as of today.

2. Challenge before the writ Court was to the cancellation of the allotment made in favour of the 1st respondent.

3. The writ Court took sympathy on the 1st respondent since she had been in possession of the house for many years and directed waiver of the penal interest to the tune of Rs.11,60,615/-. There was a positive direction to the 1st respondent to pay the balance amount within a period of four months from the date of receipt of a copy of the order. The said sum was not paid, however, an Page No.: 2 of 5

application for extension of time was moved in W.M.P.No.15700 of 2024 and this Court by order dated 30.05.2024 extended time by three months. The three months period expired in August 2024.

4. Mr.D.Veerasekharan, learned counsel appearing for the appellants Housing Board would submit that the amount payable has not been paid even within the extended time. The original order made in W.P.No.34587 of 2019 enables the Housing Board to proceed further in the event of failure on the part of the 1st respondent to settle the dues within the time granted. Now the dues are not paid within time granted. Therefore, it will be open to the Housing Board to proceed further in the manner known to law.

5. In view of the said development, we do not see any reason to entertain this appeal. Hence, this Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

(R.S.M.,J.) (C.K.,J.) 08.01.2025 dsa Index : No : No Speaking order Page No.: 3 of 5

To 1.The Chairman and Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai Nandhanam, Chennai - 600 035.

2.The Manager, Marketing and Service, O/o. the Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Vellore Housing Unit, Sathuvacahari, Vellore - 632 009.

3.The Secretary to Government, Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai - 600 009.

Page No.: 4 of 5

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa 08.01.2025 Page No.: 5 of 5