Madras High CourtWP(MD)/22054/2022disposed of

Palanichamy.V v. The Chairman

2023-02-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Palanichamy ... Petitioner Vs.

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

2.The Managing Director, Tamil Nadu Housing Board, CMDS Complex, E & C Market Road, Koyambedu, Chennai - 600 107.

3.The Chief Engineer, Tamil Nadu Housing Board, CMDS Complex, E & C Market Road, Koyambedu, Chennai - 600 107.

4.The Superintendent, Madurai Circle, Tamil Nadu Housing Board, Ellis Nagar, Maduar - 625 016.

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5.The Executive Engineer & Administrative officer, Madurai Circle, Tamil Nadu Housing Board, Ellis Nagar, Maduar - 625 016.

6.The Head Surveyor, Madurai Circle, Tamil Nadu Housing Board, Ellis Nagar, Maduar - 625 016.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.04.2022 and to direct the respondents to survey and de-mark the boundaries of the housing plot allocated to the petitioner housing plot No.D-50 Type LIG at Survey No.118/4B, Housing Board Colony, West Aayakudi, Palani 624 601.

For Petitioner : Mr.N.Pandiyan For Respondents : Mr.R.Sivakumar, Standing Counsel.

ORDER

Heard the learned counsel on either side.

2.The petition mentioned plot was allotted in favour of the petitioner. However, when the sale deed was subsequently executed in his favour, the extent of plot appears to have suffered reduction. If there is any discrepancy 2/4

between the allotment letter and the sale deed, it is only the sale deed that has to be taken into account. Therefore, survey shall be done and boundaries will be earmarked as per the sale deed. The other rights of the petitioner against the respondent/Housing Board are left open. This survey exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

3.This writ petition is disposed of accordingly. No costs. 24.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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