Madras High Court
The Chairman And Managing ... vs Mohandass on 8 July, 2021
W.A.No.3498 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.3498 of 2019
and C.M.P.No.22419 of 2019
1.The Chairman and Managing Director,
Tamil Nadu Housing Board,
No.403, Anna Salai, Nandanam,
Chennai - 35.
2.The Executive Engineer and Administrative
Officer, Hosur Tamil Nadu Housing Unit,
Bagalur Road, Hosur - 635 109. .. Appellants
Vs
1.Mohandass
2.The Secretary to Government of
Tamil Nadu,
Housing and Urban Development
Department, Fort St. George,
Chennai - 9. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 04.12.2018 made in W.P.No.758 of 2011.
For Appellant : Dr.R.Gouri
For Respondents : Mr.Ragavendran
for Mr.R.Murali for R1
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
W.A.No.3498 of 2019
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal lies in a very narrow compass. Learned counsel
appearing for the appellants submitted that the first respondent/writ
petitioner is liable to pay the amount fetched in the auction whereas
the learned counsel appearing fro the first respondent submitted that
the outstanding amount is the only money which he is liable to pay as
per the calculation memo as agreed upon.
2.We have perused the order of the learned single Judge. The
following is the operative portion of the order passed:
"6. The learned standing counsel for the
Respondent Board would submit that the Petitioner
committed default in paying instalments and hence, the
allotment was cancelled, but however, the Petitioner
may be directed to pay the entire outstanding amount
to show his bonafide within a specified time and in such
event, the case of the Petitioner would be considered,
in accordance with law.
7.it is seen that the impugned notification issued
by the Respondent Board to sell the Plot in question
through public auction has now become infructuous.
https://www.mhc.tn.gov.in/judis/
W.A.No.3498 of 2019
Therefore, in the light of the submissions of the learned
counsel on either side and the aforesaid facts and
circumstances of the case, this Writ Petition is disposed
of, with the following directions:-
i. The Petitioner shall pay the total outstanding
amount, as per the calculation memo, dated
30.11.2018, to the Respondent Board in two
instalments as follows:-
a) The Petitioner shall pay a sum of Rs.5,00,000/-
(Rupees five lakhs only(, being the first instalment,
to the Respondent Board, within a period of two
weeks, from the date of receipt of a copy of this
Order.
b)Thereafter, the Petitioner shall pay the entire
balance amount, being the second and final
instalment, to the Respondent Board, as per the
calculation memo, within a period of six weeks
thereafter.
ii). If there is any default in making payment as stated
above, on the part of the Petitioner, the Respondents
are at liberty to proceed further to sell the property in
question, in accordance with law, without any further
reference to this Court."
3.From the above, it appears that the aforesaid order was
passed on the premise that the appellant has conceded that the first
https://www.mhc.tn.gov.in/judis/
W.A.No.3498 of 2019
respondent/writ petitioner may be directed to pay the entire
outstanding amount to show his bonafide within a reasonable time. If
the said statement is wrong, no appeal would lie except by way of
review.
4.In such view of the matter, the writ appeal stands closed giving
liberty to the appellants to file a review, if so advised, within a period
of four weeks from the date of receipt of a copy of this judgment. No
costs. Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
08.07.2021
Index:Yes/No
mmi/ssm
To
The Secretary to Government of
Tamil Nadu,
Housing and Urban Development
Department, Fort St. George,
Chennai - 9.
https://www.mhc.tn.gov.in/judis/
W.A.No.3498 of 2019
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.3498 of 2019
08.07.2021
https://www.mhc.tn.gov.in/judis/
