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Madras High CourtWP(MD)/1764/2014disposed of

A. Mohammed Rafeeq, v. The Assistant Revenue

2023-02-14Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) No.1 of 2014 A.Mohammed Rafeeq ... Petitioner /vs./ The Assistant Revenue Officer/ Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Madurai Housing Board Division, Ellis Nagar, Madurai 625 010.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notice dated 22.01.2014 made in Letter No.MH-7/MIG - 85/2013 issued by the respondent and quash the same and further directing the respondent to permit the petitioner to pay the due amount claimed in the demand notice dated 20.06.2013 in order to discharge the liability and to avail the sale deed from the respondent.

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For Petitioner : Mr.A.Jaya Ramachandran For Respondent : Mr.R.Sivakumar Standing Counsel

ORDER

The writ petition is seeking for a Certiorarified Mandamus to call for the records pertaining to the impugned notice dated 22.01.2014 in letter No.MH-7/MIG - 85/2013 issued by the respondent, to quash the same and to direct the respondent to permit the petitioner to pay the due amount claimed in the demand notice dated 20.06.2013 in order to discharge the liability and to avail the sale deed from the respondent.

2.When the matter was taken up for hearing today, the learned counsel for the petitioner made a statement that the petitioner is willing to pay the balance amount of Rs.2,67,945/- as indicated by the respondent in his counter dated 24.01.2023 and only would seek some indulgence in making the payment on or before 15.03.2023.

3.In view of the aforesaid specific statement made by the learned counsel for the petitioner, the petitioner is directed to make the balance payment as 2/4

indicated by the respondent in his counter dated 24.01.2023, namely a sum of Rs.2,67,945/- on or before 15.03.2023. The petitioner undertakes to make such payment through his authorized representative and the respondent shall also receive the same. On receipt of such payment as indicated above, the respondent shall execute a sale deed in favour of the petitioner within a period of four weeks thereafter, if the petitioner is otherwise entitled to. 4.With the aforesaid directions, the Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 14.02.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/4

K.KUMARESH BABU, J.

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