C.Chelladurai v. The Chairman And Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR C.Chelladurai ... Petitioner vs.

1.The Chairman and Managing Director, Nandanam, Chennai-600 009.

2.The Executive Engineer and Administrative Officer, Tirunelveli Housing Unit, Sivanthipatty Road, Tirunelveli - 627 022, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to execute the sale deed in favour of the petitioner in respect of the house bearing No.MIG-B-182, TNHB, Keelanatham, Tirunelveli District, based on the proceedings of the District Collector, Tirunelveli to the Joint Registrar-II, Palayamkottai, Tirunelveli District in Ni.Mu.NO.Ka1/9352/2019, dated 13.05.2019 as well as the petitioner's representation dated 19.06.2019 within the time limit as fixed by this Court.

For Petitioner : Mr.M.Mohanasundaram For Respondents : Mr.M.Mahaboob Athiff Standing Counsel for TNHB

ORDER

Mr.M.Mohanasundaram, learned Counsel on record for the writ petitioner and Mr.M.Mahaboob Athiff, learned Standing Counsel for 'Tamil Nadu Housing Board' ('TNHB' for the sake of brevity), who accepts notice on behalf of both respondents are before this Court.

2. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of. 1/3

3. Notwithstanding very many averments made in the affidavit filed in support of writ petition, notwithstanding the grounds raised / contentions urged in the affidavit filed in support of the writ petition, at the hearing learned Counsel for writ petitioner projected his submission on one pivotal ground and that pivotal ground is that vide proceedings dated 13.05.2019, District Collector has clarified that the writ petitioner has cleared all debts with regard to TNHB flat No.MIG-B-182, at Keelanatham, Tirunelveli District, which according to writ petitioner was allotted to him

4. Pursuant to the aforesaid proceedings, writ petitioner has given a representation dated 19.06.2019 to the second respondent seeking execution of sale deed qua aforementioned flat.

5. Learned Counsel for the writ petitioner abridges the scope of the writ petition in the hearing and submits that it will suffice if the second respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 19.06.2019, on its own merits and in accordance with law within a time frame.

6. In the light of limited scope as abridged by learned Counsel for the writ petitioner and in the light of the aforesaid circumstances, second respondent is directed to dispose of the writ petitioner's representation dated 19.06.2019 (page No.24 of the typed set of papers forming part of the case file), on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of four weeks from the date of receipt of a copy of this order.

7. Instant Writ Petition is disposed of with above directions. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar To 1.The Chairman and Managing Director, Nandanam, Chennai-600 009.

2/3

2.The Executive Engineer and Administrative Officer, Tirunelveli Housing Unit, Sivanthipatty Road, Tirunelveli - 627 022, Tirunelveli District.

+1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-84958[F] dated 03/09/2019 ) +1 CC to M/s.M.MAHABOOB ATHIFF, Advocate ( SR-85370[F] dated 05/09/2019 ) 03.09.2019 SSL MS/18.09.2019/3P.5C 3/3