Madras High CourtWP(MD)/18636/2016disposed of

V.Sundar Raman, v. The Secretary To Government

2021-12-22Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN V.Sundar Raman ... Petitioner Vs.

1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai- 600 009.

2.The Chairman and Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Trichy Housing Unit, Kajamalai Colony, Tiruchirappalli - 620 020.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to execute and register the sale deed in respect of the H.I.G. Plot No.A-221 in the Navalpattu - Part I, Higher Income Group Scheme of the respondents which has been allotted to the petitioner within the time frame to be fixed by this Court.

For Petitioner : Mr.P.Babu For R-1 : Mr.S.Shanmugavel, Additional Government Pleader.

For R-2 and R-3 : Mr.R.Ravichandran Standing Counsel.

ORDER

Heard Mr.P.Babu, learned counsel for the petitioner, Mr.S.Shanmugavel, learned Additional Government Pleader who takes notice for the first respondent and Mr.R.Ravichandran, learned Standing Counsel who takes notice for the second and third respondents.

2. The Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents particularly 1/3

against the third respondent / The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Trichy Housing Unit, Kajamalai Colony, Tiruchirappalli to execute and register the sale deed with respect to H.I.G. Plot No.A-221 in Navalpattu-Part I, Higher Income Group Scheme, which had been allotted to the petitioner.

3. The petitioner claims that he had been allotted the said land and building for a consideration of Rs.2 lakhs and he had made an initial deposit of Rs.80,000/-. Thereafter, he had to pay monthly installments towards the balance amount. It is claimed by the petitioner that he has actually paid the entire amount and had thereafter been giving repeated representations seeking execution of the sale deed. Since the representations had not been answered by the third respondent, the present Writ Petition had been filed.

4. Let me not delve deeper into the matter. I must deeply appreciate the third respondent for the nature of the counter affidavit filed. It had been very clearly stated that the amount now due by the petitioner is a sum of Rs.2,54,769/- (Rupees Two Lakhs Fifty Four Thousand Seven Hundred and Sixty Nine only). It had been stated that if that amount is paid, then, the third respondent can proceed to execute and register the sale deed with respect to the aforementioned plot and land in favour of the petitioner herein.

5. The petitioner is therefore given an opportunity to pay the said amount and that opportunity can be availed by the petitioner till 31.01.2022. I hope that the petitioner would actually pay the said amount and thereafter, within a period of fifteen (15) working days, the third respondent may execute and register the sale deed in favour of the petitioner. The period of fifteen (15) working days will start to commence from the date on which the petitioner actually pays the amount of Rs.2,54,769/- (Rupees Two Lakhs Fifty Four Thousand Seven Hundred and Sixty Nine only). The outer time limit of 31.01.2022 is however given for the payment of the said amount by the petitioner.

6. Expressing the hope that both the parties would keep up to their respective obligations, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai- 600 009.

2.The Chairman and Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Trichy Housing Unit, Kajamalai Colony, Tiruchirappalli - 620 020.

22.12.2021 PS(CO) GC(03.01.2022) 3P 4C 3/3