S. Nammai Alwar Perumal, v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.18019 of 2013 and M.P.(MD).No.1 of 2013 S.Nammai Alwar Perumal ... Petitioner Vs.

1.The State of Tamil Nadu, rep. By its Secretary to Government, Housing Unit and Urban Development Department Fort St. George, Chennai-09.

2.The Chairman and Managing Director, TamilNadu Housing Board, Chennai-09.

3.The Executive Engineer, and Administration Officer, Tamil Nadu Housing Board, Tirunelveli Housing Unit, Anbunagar, Tirunelveli-11.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records pertaining to the impugned demand notice in Letter No.R/Relief GO 115/2013 dated .06.2013 signed on 11.07.2013 on the file of the Respondent No.3 and quash the same as illegal and consequently to direct the Respondent No.3 to issue sale deed to the petitioner for his allotted ready built house No. MIG 46, Stage 1, TNHB Colony, V.M. Chatram, Tirunelveli - 11, Tirunelveli District on payment of difference in land cost without any interest within the time stipulated by this Honourable Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.Gunaseelan Muthiah Govt. Advocate for R-1 Mr.N.K.Balasubramani for RR-2 and 3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has filed this Writ Petition challenging the order passed by the third respondent, demanding a sum of Rs.3,88,109/-, which was the outstanding dues, from the petitioner and consequently to issue the sale deed.

2.The learned counsel appearing for the third respondent submitted that already, the petitioner has given an undertaking before the third respondent stating that he is not willing to prosecute the writ petition any further, and he has also paid the entire amount demanded by the third respondent. Subsequently, the sale deed was also registered in favour of the petitioner on 21.07.2016.

3.The learned counsel for the petitioner also is not in a position to dispute the same.

4.In view of the fact that already the petitioner paid the amount and the sale deed also executed in his favour, no further adjudication is required in this writ petition. Hence, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(Crl) /True Copy/ Sub Assistant Registrar vs To 1.The Secretary to Government, State of Tamil Nadu, Housing Unit and Urban Development Department Fort St. George, Chennai-09.

2.The Chairman and Managing Director, TamilNadu Housing Board, Chennai-09.

3.The Executive Engineer, and Administration Officer, Tamil Nadu Housing Board, Tirunelveli Housing Unit, Anbunagar, Tirunelveli-11.

+1CC to Spl.Government Pleader Sr.No.61401 GJM/CK/9.11.16-2p-5C W.P(MD)No.18019 of 2013 18.10.2016 https://hcservices.ecourts.gov.in/hcservices/