Smt. D.Mageshwari v. The Chairman
2024:MHC:5712
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH D.Mageshwari .. Petitioner vs 1.The Chairman Tamil Nadu Housing Board, Anna Salai, Nandanam, Chennai - 600 035.
2.The Executive Engineer, Tamil Nadu Housing Board, Anna Nagar Division, 3.The Manager, Tamil Nadu Housing Board, Sales and Service, Anna Nagar Division, .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing third respondent to execute and register the sale deed with respect to plot no.1/161, Manali Part I, EWS A Category as per the allotment order dated 26.08.2022, in B2/MNI/257/2022 and as per the representation dated 08.07.2023.
For Petitioner :
Mr.M.L.Ramesh For Respondents :
Mr.S.Naganathan for Mr.D.Veerasekaran 1/4
ORDER
The petitioner has filed this writ petition seeking a mandamus to the Tamil Nadu Housing Board / R3 to execute the sale deed with respect to plot no.1/161, Manali Part I, EWS A Category (flat in question). She relies an allotment order dated 28.08.2022 in B2/MNI/257/2022. The petitioner has also made a representation on 08.07.2023 seeking the same prayer. 2.
This Court has passed an order on 27.09.2023 to following effect:- "Learned counsel for the respondents submits that for the respondents to ascertain if the petitioner has paid all the instalments, it only requires the production of the original receipts issued by the Tamil Nadu Housing Board (TNHB). Otherwise it will take sometime for TNHB to verify all the old records to ascertain the said fact.
2.The petitioner is now required to share with the respondents a copy of such of those receipts which are with her.
3.Learned counsel for the respondents is also in the meantime to ascertain its records if the petitioner has paid the entire amount.
4.Post the matter on 31.10.2023."
3.
The Executive Engineer, Tamil Nadu Housing Board / R2 has filed a counter where he states that the petitioner has not, till date, approached their office with original receipts for further 2/4
processing and once she does, her request would be immediately processed. This position is also confirmed by the respondents today in the Court.
4.
In light of the aforesaid narration and since the ball now lies in the court of the petitioner to produce required documents to establish her claim for execution of sale deed of the flat in question, this writ petition is disposed permitting the petitioner to produce requisite documents to the satisfaction of the respondents, in which case, due and needful action will be taken by the respondents, in accordance with law, expeditiously. No costs.
09.01.2024 Index:Yes/No ssm To 1.The Chairman Tamil Nadu Housing Board, Anna Salai, Nandanam, Chennai - 600 035.
2.The Executive Engineer, Tamil Nadu Housing Board, Anna Nagar Division, 3.The Manager, Tamil Nadu Housing Board, Sales and Service, Anna Nagar Division, 3/4
DR. ANITA SUMANTH,J.
ssm 09.01.2024 4/4