Premalatha v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.671 of 2024 Premalatha ... Petitioner vs.

The Executive Engineer, Tamil Nadu Housing Board, Kajamalai Colony, Tiruchirapalli ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to accept the balance consideration and execute the sale deed in favour of the petitioner with respect to Plot No.837 in EWS Phase - I, Navalpattu, Tiruchirapalli, based upon the petitioner's representation dated 19.05.2023.

For Petitioner : Mr.K.K.Udayakumar For Respondent : Mr.M.Suresh Standing counsel 1/5

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to accept the balance consideration and execute the sale deed in favour of the petitioner with respect to Plot No.837 in EWS Phase - I, Navalpattu, Tiruchirapalli, based upon the petitioner's representation dated 19.05.2023.

2. According to the petitioner, he was allotted a Plot No.837 in Navalpattu Phase - I Scheme measuring 340 sq.ft. On 30.08.2016 by the respondent. Thereafter, he paid a sum of Rs.27,600/- as initial deposit and paid a sum of Rs.4,880/-, Rs.5,000/- and Rs.6,000/- on 22.12.2016, 12.06.2017 and 16.03.2018 respectively and the total cost for the post was fixed as Rs.1,38,000/-. While so, he approached the respondent for paying the instalment under one time payment in the year 2018 along with necessary documents. But the respondent stated that all the process of allotment and other details are being made online and they would intimate once the files are uploaded. Thereafter, no response from the respondent. Hence, the petitioner has approached the respondent on 2/5

17.05.2023 in person and requested to provide the details for making the payment. The officials replied that they have not located the file pertaining to his allotment as it would have been misplaced during the process of converting into online. Thereafter, the petitioner has sent a representation to the respondent on 19.05.2023. Since there is no reply from the respondent, the petitioner has filed the present writ petition.

3. The learned Standing counsel appearing for the respondent would submit that there is an outstanding amount of Rs.2,06,895/-. But the learned counsel appearing for the petitioner would submit that the petitioner is not willing to pay the interest amount and she is not agreeing for paying the same in instalment also.

4. Considering the above said submissions, this Court directs the respondent to consider the petitioner's representation dated 19.05.2023 and pass appropriate orders, based on the decision to be taken by the authorities, within a period of eight weeks from the date of receipt of a copy of this order.

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5. With the above direction, this Writ Petition is disposed of. No costs.

06.02.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No akv To The Executive Engineer, Tamil Nadu Housing Board, Kajamalai Colony, Tiruchirapalli 4/5

V.BHAVANI SUBBAROYAN,J.

akv W.P.(MD)No.671 of 2024 06.02.2024 5/5