Indirani v. The Chairman And Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023 PRESENT THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD) No.25569 of 2023 and WMP(MD)Nos.21756 & 21757 of 2023 Indirani ... Petitioner vs.

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

2.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Tirunelveli Housing Unit, 17D-C Colony, Perumalpuram, Tirunelveli - 627 007.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order in Letter No.R3/401/1991 dated 10.10.2023 on the file of the second respondent and quash the same and further directing the second respondent to fix the selling price of the petitioner's house in Thamirabarani Colony situated in Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District as per G.O No.29 dated 22.04.2001.

1/4

For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.S.Velmurugan

ORDER

Heard both sides.

2.The petitioner is a retired staff nurse. The petition-mentioned property was allotted in favour of the petitioner way back in the year 2001. She paid a meagre sum of Rs.23,000/- and was given possession. The petitioner was to pay the remaining amount in 156 equal installments. The petitioner entangled the board in litigation by contending that cost has not been properly fixed. Civil proceedings had concluded long back. The case of the petitioner is that valuation must be done as per the Government Orders. The respondents now inform the court that the petitioner has to pay a sum of Rs.25,29,000/-. This figure is rounded off to 27.00 lakhs. This rounding off is done because the petitioner is not proposing to pay the entire amount immediately. The petitioner accepts the valuation as Rs.27.00 lakhs. In order to give a quietus to the issue, the writ petition is disposed of in the following terms :

1. The petitioner shall pay sum of Rs.13.5 lakhs on or before 20.12.2023.

2/4

2. The remaining amount of Rs.13.5 lakhs shall be paid in ten equal monthly installments commencing from 20.01.2024.

3. If the petitioner fails to pay fifty percent of the amount within the time period stipulated above, the respondents shall summarily evict the petitioner from the petitionmentioned premises without any notice.

4. If the petitioner commits default in payment of two successful installments, again, the benefit of this order will stand vacated automatically.

No costs. Connected miscellaneous petitions are clsoed. 06.11.2023 Index : Yes / No Internet : Yes/ No skm 3/4

G.R.SWAMINATHAN, J.

SKM WP(MD) No.25569 of 2023 and WMP(MD)Nos.21756 & 21757 of 2023 06.11.2023 4/4