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Madras High CourtWP/33857/2022disposed of

Rajalakshmi v. The Tamil Nadu Housing Board

2023-02-02Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 33857 of 2022 And W.M.P.Nos. 33336 & 33337 of 2022 Mrs. Rajalakshmi ... Petitioner ..Vs..

1.

The Tamil Nadu Housing Board Represented by its Chairman CMDA Complex, E&C Market Road Koyambedu, Chennai - 600 107.

The Manager Tamil Nadu Housing Board, (Allottee Service) Coimbatore Housing Unit Tatabad, HUDCO Colony, Coimbatore - 641 012.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned letter No.A2/6878/95 dated 23.11.2022 of the second respondent and quash the same and further directing the respondents to execute sale deed in favour of the petitioner in respect of the Housing Plot No. 142, TS No.2(part), Block II, MIG-A-142, Ganapathy Neighbourhood

Scheme, Ganapathy Village, Coimbatore, measuring an extent of 1425 sq.ft., within a reasonable time.

*** For Petitioner :: Mr. A.E.Ravi Chandran For Respondents :: Mr. D.Veerasekaran

ORDER

This Writ Petition has been filed in the nature of Certiorarified Mandamus, seeking interference with an order dated 23.11.2022 in No.A2/6878/95 passed by the second respondent/the Manager, Tamil Nadu Housing Board, at Coimbatore.

The petitioner seeks a further relief that if there are any amounts payable, after such amount are paid, the respondents should be placed under an obligation to execute sale deed in favour of the petitioner relating to Housing Plot No. 142, T.S.No.2 (part), Block II, MIG-A-142, Ganapathy Neighbourhood Scheme, Ganapathy Village, Coimbatore, measuring about 1425 sq.ft.

3.

Let me not widen the scope of the Writ Petition but state that the petitioner herein had been allotted aforementioned Plot No.142, T.S.No.2 (part), Block II, MIG-A-142, Ganapathy Neighbourhood Scheme, Ganapathy Village, Coimbatore, measuring about 1425 sq.ft., as early as 25.01.1996. That particular fact is not denied or disputed by the respondents. There was an obligation on the petitioner to pay necessary amounts and on such payment, the respondents have to come forward to execute the sale deed of the said plot to the petitioner.

4.

It was the contention of the petitioner in his affidavit that the required amounts had already been paid. This fact was denied by the respondents.

5.

This Court had therefore directed the respondents to give a statement as to what is the amount actually payable by the petitioner herein. The respondents have forwarded a statement called working sheet wherein they have stated that the outstanding due by the petitioner is Rs.10,63,530/-. This working sheet had been signed by the three separate officials on

01.02.2023 / yesterday.

6.

The learned counsel for the petitioner stated that he would impress upon the petitioner that this amount should be paid and also stated that the petitioner is also ready and willing to pay the said amount. 7.

Let the petitioner effect the payment of that amount namely, Rs.10,63,530/- within a reasonable period of time and I hope that much time is not taken by the petitioner to pay that amount. If the petitioner pays that amount, the obligation shifts to the respondents to execute the sale deed in favour of the petitioner with respect to the aforementioned Housing Plot No. 142, T.S.No.2 (part), Block II, MIG-A-142, Ganapathy Neighbourhood Scheme, Ganapathy Village, Coimbatore, measuring about 1425 sq.ft. Such obligation is to be discharged by the respondents within a period of four weeks from the date of payment of the said sum of Rs.10,63,530/- by the petitioner herein.

8.

I am confident that both the petitioner and the respondents would keep up with their respective obligations - petitioner to pay the amount

and respondents to execute the sale deed.

9.

No further orders are required. The Writ Petition stands disposed of. No order as to costs. Consequently, connected Miscellaneous Petitions are closed.

02.02.2023 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To 1.

The Chairman The Tamil Nadu Housing Board CMDA Complex, E&C Market Road Koyambedu, Chennai - 600 107.

The Manager Tamil Nadu Housing Board, (Allottee Service) Coimbatore Housing Unit Tatabad, HUDCO Colony, Coimbatore - 641 012.

C.V.KARTHIKEYAN, J., vsg W.P.No. 33857 of 2022 And W.M.P.Nos. 33336 & 33337 of 2022 02.02.2023