Madras High CourtWP(MD)/22500/2017disposed of

P.Avudaithangam v. The Registrar (Housing Board)

2017-12-08Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22500 of 2017 P.Avudaithangam ... Petitioner -vs1. The Registrar (Housing Board), Tamil Nadu Housing Board Building, No.493, Mount Road, Nanthanam, Chennai-600 035.

2. The Deputy Registrar (Housing Board), Madurai Zone, Madurai.

3. The Joint Registrar (Co operative Society), Madurai Zone, Madurai.

4. The Secretary, Coats Vayala Workers and Public Service Co-operative Housing Ltd., No.15, P.T.R.Road, Narimedu, Madurai-625 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider and pass appropriate orders on the petitioner's representation dated 04.08.2016 within the time frame that may be stipulated by this Court.

For Petitioner : Mr. B.S.Meltiue For R1 to R3 : Mr.J. Gunaseelan Muthiah Govt. Advocate For R4 : Mr. D. Muruganantham *****

O R D E R

This writ petition has been filed, seeking to direct the 1st respondent to consider and pass appropriate orders on the petitioner's representation dated 04.08.2016.

2. Mr.J. Gunaseelan Muthiah, learned Government Advocate takes notice for R1 to R3 and Mr.D.Muruganantham for R4. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that she had mortgaged the land in R.S.No.190/8 with the fourth respondent in respect of a house loan of Rs.1,20,000/- payable in two installments and though she has repaid the entire dues with interest under receipt, the fourth respondent is adopting dilatory tactics in delivery of her land records, which drove her to submit a representation dated 04.08.2016 to the first respondent for passing suitable orders on the matter. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

4. The learned Government Advocate appearing for R1 to R3 would submit that if a reasonable time is granted to the respondents 1 to 3, the representation of the petitioner will be considered and suitable orders passed.

5. Considering the facts and circumstances of the case, taking into account the limited scope of the relief sought for by the petitioner and also the fact that the petitioner claims to have already cleared the entire dues with interest, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 04.08.2016 and pass suitable orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:

1. The Registrar (Housing Board), Tamil Nadu Housing Board Building, No.493, Mount Road, Nanthanam, Chennai-600 035.

2. The Deputy Registrar (Housing Board), Madurai Zone, Madurai.

3. The Joint Registrar (Co operative Society), Madurai Zone, Madurai.

+1cc to Mr.B.S.Meltiue , Advocate Sr.No.91857 AR VB/JC/SAR4/20/12/2017/3P/5C W.P(MD) No.22500 of 2017 08.12.2017