BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01/11/2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU Writ Petition (MD)No.110 of 2011 A.Chandra Prakash ... Petitioner Vs. 1.The Chairman, Tamil Nadu Housing Board, 493, Nanthanam, Chennai-35. 2.Executive Engineer and Administrative Officer, Madurai Housing Unit, Elis Nagar, Madurai-625 016. ... Respondents Prayer Writ petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in his proceedings in Letter No.MH2/9168/89, dated 19.08.10, and quash the same as illegal, arbitrary and violation of principles of law and further direct the 2nd respondent to execute the sale deed in favour of teh petitioner for the house H486, Elisnagar, Tamil Nadu Housing Board, Madurai. !For Petitioner ... Mr.M.Jothi Basu ^For 1st Respondent ... Mr.M.Govindan, Special Government Pleader. For 2nd Respondent ... Mr.S.Nagarajan :ORDER
The petitioner was an allottee of a plot in Madurai Elis Nagar in H.486.
The petitioner did not pay the entire amount due and payable towards the
allotment of the plot.
2.With reference to the fixation of the amount by the allottee, there was
a litigation and finally when the allottees challenged the enhanced demand made
by the Housing Board, the matter was heard by this Court in W.P.No.12252 of
2001, this Court held that the Housing Board is entitled to enhance the amount
depending upon the compensation to be paid to the land owners and the issue also
decided by the Hon’ble Supreme Court in a S.L.P. filed by the State. Therefore,
after the disposal of the said writ petition in W.P.No.12252 of 2001, dated
02.07.2009, the respondent Tamil Nadu Housing Board informed the petitioner that
they should pay a sum of Rs.1,68,410/- on or before 31.08.2010. It is only on
such payment no objection certificate will be given and after getting the same,
he can get the sale deed registered in his name. Challenging the same the
present writ petition came to be filed.
3.When the matter came up on 05.01.2011, notice of motion was ordered.
4.On behalf of the Housing Board, learned counsel produced a copy of the
proceedings, dated 20.04.2011 in which the Executive Engineer cum Administrative
Officer, Madurai Housing Scheme informed the petitioner that if he is paid a sum
of Rs.1,31,180/-, on or before, 30.04.2011 and also withdraw the writ petition,
the sale deed will be registered in his name. When this was brought to the
notice of this Court, learned counsel for the petitioner states that the notice
was served only on 09.05.2011 and the time stipulated therein expired on
30.04.2011, if this court is extended the time, he is willing to pay the amount
and comply with the requirement of the Housing Board for the purpose of getting
the sale deed.
5.Learned Counsel for the Housing Board is unable to agree with the
extension of time limit. But however, under the facts and circumstances of the
case and in the interest of justice, this Court is of the view that the
petitioner may be given a further time, to comply with the demand made on
20.04.2011. Therefore, the time is extended upto 30.11.2011 to pay the amount of
Rs.1,31,180/- and if the amount is paid, the respondents Housing Board shall
receive the same and also to do the needful for registering the sale deed in
favour of the petitioner.
6.Hence, the writ petition stands disposed of. No costs.
Tamil Nadu Housing Board,
493, Nanthanam, Chennai-35.
2.Executive Engineer and
Madurai Housing Unit,