Shanthi v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Shanthi W/o.Swaminathan ... Petitioner Vs 1.Government of Tamil Nadu, represented by its Secretary to the Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.Tamil Nadu Housing Board (TNHB), represented by its Chairman and Managing Director, CMDA Complex, E&C Market Road, Koyambedu, Chennai - 600 107.

3.Executive Engineer and Administrative Officer, Coimbatore Housing Division, Tatabad, Coimbatore - 641 012.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 03.06.2023 within a stipulated time. For Petitioner : Mr.Kishore Balasubramanian For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader [R1] Mr.A.M.Ravindranath Jeyapal Standing Counsel [R2 & R3] ***** 1/4

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to deal with the representation made by the petitioner on 03.06.2023 wherein the petitioner has sought for execution of sale deed in her favour with respect to the subject property.

2. Heard Mr.Kishore Balasubramanian, learned counsel for petitioner, Mr.E.Veda Bagath Singh, learned Special Government Pleader appearing for first respondent and Mr.A.M.Ravindranath Jeyapal, learned Standing Counsel appearing for respondents 2 and 3.

3. The case of the petitioner is that the subject property was divided into 43 plots/layouts and it was sold to several third parties. At present, 30 persons have constructed residential plots and they are residing for over 15 years. The petitioner had purchased the property and according to the petitioner, she is the bonafide purchaser for value. All of a sudden, a complaint was given to the District Registrar by some persons claiming to be the owner of the property and sought for cancellation of the sale deed. Only at that point of time, it came to light that 43 cents of land was acquired by the Tamil Nadu Housing Board as early as in the year 1986 itself and 2/4

compensation amount was also duly paid and deposited in the civil Court. The District Registrar proceeded further and cancelled all the sale deeds in exercise of powers under Section 77-A of the Registration Act by order dated 17.02.2023.

4. The petitoner, left with no other alternative, has submitted a representation before the third respondent requesting for registration of sale deed in her favour with a request that the petitioner is willing to pay the entire consideration. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the third respondent to deal with the representation made by the petitioner on 03.06.2023 on its own merits and in accordance with law and convey the decision to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

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N.ANAND VENKATESH, J.

gm To 1.The Secretary to the Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Chairman and Managing Director, Tamil Nadu Housing Board (TNHB), CMDA Complex, E& C Market Road, Koyambedu, Chennai - 600 107.

3.Executive Engineer and Administrative Officer, Coimbatore Housing Division, Tatabad, Coimbatore - 641 012.

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