Madras High Court

M.Murugan vs The Secretary To Government ... on 25 April, 2023

                        W.P.Nos.28118, 28119, 28120 & 28121 of 2017 and 26893, 26923, 26927, 26926,
                                    26929, 26906, 26910, 26916, 26898, 26920, 27116, 27120, 27122,
                                           27125, 27123, 27108, 27112, 27111, 27114, 27115, 26930,
                                                        26937, 26921, 26933, 26939 & 26935 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 25.04.2023

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                         W.P.Nos.28118, 28119, 28120 & 28121 of 2017 and 26893,
                            26923, 26927, 26926, 26929, 26906, 26910, 26916,
                            26898, 26920, 27116, 27120, 27122, 27125, 27123,
                            27108, 27112, 27111, 27114, 27115, 26930, 26937,
                                  26921, 26933, 26939 & 26935 of 2019

                                                         And

                      W.M.P.Nos.30206, 30207, 30208, 30209, 30210, 30211, 30212
                       & 30213 of 2017 and 26288, 26303, 26306, 26304, 26307,
                       26293, 26295, 26299, 26291, 26301, 26488, 26490, 26494,
                       26501, 26498, 26481, 26483, 26482, 26485, 26487, 26308,
                         26313, 26302, 26310, 26318, 26311 & 26317 of 2019


                     M.Murugan                        ... Petitioner in W.P.28118 of 2017


                                                          Vs.


                     1.The Secretary to Government (Housing),
                       Government of Puducherry,
                       Secretariat,
                       Beach Road,
                       Puducherry – 605 001.

                     2.The Secretary (PHB),
                       Puducherry Housing Board,
                       Annanagar,
                       Puducherry – 605 005.

                     1/9

https://www.mhc.tn.gov.in/judis
                        W.P.Nos.28118, 28119, 28120 & 28121 of 2017 and 26893, 26923, 26927, 26926,
                                    26929, 26906, 26910, 26916, 26898, 26920, 27116, 27120, 27122,
                                           27125, 27123, 27108, 27112, 27111, 27114, 27115, 26930,
                                                        26937, 26921, 26933, 26939 & 26935 of 2019




                     3.The Chairman,
                       Puducherry Housing Board,
                       Annanagar,
                       Puducherry – 605 005.     ... Respondents in W.P.28118 of 2017

Prayer in W.P.No.28118 of 2017:

Petition filed under Article 226 of the Constitution of India to

issue a Writ of Certiorarified Mandamus calling for records relating

to the impugned order vide Intimation Letter No.2418/PHB/EW-7/D.R/

2013/430 dated 24.07.2017 and consequential impugned order vide

Intimation Letter No.2418/PHB/EW-7/D.R./2013/690 dated

16.10.2017 issued by the 2nd respondent and quash the same as

highly illegal, unlawful, arbitrary, unreasonable, untenable/

unsustainable, unconstitutional and violative of terms and conditions of

Allotment Order and Cardinal Principle of Natural Justice and also

violative of judgment dated 21.12.2015 passed by the Division Bench

of this Hon'ble Court in the Writ Appeals Nos.1332 of 2015 and batch

and consequently direct the respondents to execute Sale Deed in

favour of the petitioner in respect of HIG (Higher Income Group) Flat

No.C-18, Ground Floor at Sudhanthira Ponvizha Nagar, Puducherry

allotted to the petitioner vide allotment order dated 17.02.2010.

https://www.mhc.tn.gov.in/judis W.P.Nos.28118, 28119, 28120 & 28121 of 2017 and 26893, 26923, 26927, 26926, 26929, 26906, 26910, 26916, 26898, 26920, 27116, 27120, 27122, 27125, 27123, 27108, 27112, 27111, 27114, 27115, 26930, 26937, 26921, 26933, 26939 & 26935 of 2019

For Petitioners : Mr.Sengothivelan Senior Counsel for M/s.M.Vaikunth

For Respondents : Mr.T.P.Manoharan, Senior Counsel for Mr.T.M.Naveen for R1 to R3 in W.Ps.28118 to 28121/2017 & for R2 & R3 in other W.Ps.

Mr.V.Vasantha Kumar Additional Government Pleader (Puducherry) for R1 in W.Ps.26893, 26898, 26906, 26910, 26916, 26920, 26921, 26923/2019

Mr.A.Tamilvanan Additional Government Pleader (Puducherry) for R1 in W.Ps.26926, 26927, 26929, 26930, 26933, 26935, 26937, 26939, 27108/2019

Mr.J.Kumaran Additional Government Pleader (Puducherry) for R1 in W.Ps.27111, 27112, 27114, 27115, 27116, 27120, 27122, 27123, 27125/2019

COMMON ORDER

The petitioners have filed these writ petitions for direction to the

respondents to execute sale deed in favour of the petitioners in respect

of the flats allotted to them at Sudhanthira Ponvizha Nagar,

Puducherry.

2.Since the issue involved in all these writ petitions are one and

the same, they are heard together and disposed of by way of a

common order.

3.The learned Senior Counsel appearing for the petitioners

submitted that the Puducherry Housing Board, with an object of

providing housing to common man at reasonable price, acquired lands

in R.S.Nos.300/2 and 301/5 situated at Rainbow Nagar, Puducherry,

measuring an extent of 1.36.00 hectares and 0.32.00 hectares

respectively, which belong to Temple through the Government under

Land Acquisition Act, 1894 and award was passed on 19.02.1998.

Funds for the acquisition were raised by availing loan from Housing

and Urban Development Corporation Limited.

4.The learned Senior Counsel appearing for the petitioners

further submitted that out of the total extent of lands, an extent of

3324 square meters of lands in R.S.No.300/2 alone were utilized for

the purpose of constructing 40 HIG Flats at Sudhanthira Ponvizha

Nagar, Rainbow Nagar, Puducherry and the Puducherry Housing Board

called for applications from the public for allotment of the same

through drawal of lots. Since the price fixed by the Puducherry

Housing Board was very high and unreasonable and since the

construction of flats are not upto the satisfactory level as it was of old

fashion without any basic modern amenities and facilities, no one came

forward to purchase the flats. Hence, the Puducherry Housing Board

reduced the price of the flat to Rs.34,57,500/- and issued paper

publication calling for applications for allotment of the flats through

drawal of lot basis.

5.The learned Senior Counsel appearing for the petitioners

further submitted that thereafter, the Puducherry Housing Board

issued allotment order and the allottees were put into possession of

their respective HIG Flats, however, sale deeds were not executed in

favour of the allottees and all of a sudden, the Secretary, Puducherry

Housing Board issued demand notice informing the allottees that final

cost of the flats is fixed as Rs.47,68,085 and consequentially, the

allottees/ petitioners were directed to pay a sum of Rs.13,10,585/-

being the difference between the tentative cost and final cost.

6.The learned Senior Counsel appearing for the petitioners

further submitted that aggrieved by the same the petitioners filed

W.P.Nos.25643 of 2014 etc., batch of writ petitions before this Court

and the same were dismissed and thereafter challenging the order

passed by this Court dated 13.02.2015 in the said writ petitions, the

petitioners preferred W.A.Nos.1132 of 2015 etc., batch of writ appeals

and pursuant to the judgment of the Hon'ble Division Bench of this

Court dated 21.12.2015 made in the said writ appeals, the impugned

orders were passed.

7.The learned Senior Counsel appearing for the petitioners

further submitted that inorder to give quietus to the issue, now the

petitioners are inclined to pay the differential amount of

Rs.14,85,611/-, as demanded by the respondents, along with 6%

interest from 24.07.2017 to till date, however, this Court may permit

the petitioners to pay the same by way of six equal installments. He

further prayed that this Court may issue direction to the respondents

to execute sale deed in favour of the petitioners on completion of the

said payment.

8.The respective learned Senior Counsel as well as the learned

Additional Government Pleader appearing for the respondents raise no

serious objection.

9.Since the petitioners themselves have come forward to pay the

differential amount, as demanded by the respondents this Court,

without expressing any opinion on the merits of the case, permits the

petitioners to pay the differential amount of Rs.14,85,611/- along with

6% interest from 24.07.2017 to till date, by way of six equal

installments and the same shall be paid on or before 5th of every

succeeding English Calender Month, commencing from May, 2023.

10.The respondents are directed to calculate the amount of

Rs.14,85,611/- along with 6% interest from 24.07.2017 to till date

(25.04.2023) and intimate the same to the petitioners so as to enable

them to pay the same by way of six equal installments. After payment

of the aforesaid amount by the petitioners in six equal installments,

the respondents shall execute sale deed in favour of the petitioners,

within a period of two weeks from the date of payment of the final

installment.

11.The writ petitions are disposed of with the above

observations. No costs. Consequently, the connected miscellaneous

petitions are closed.

25.04.2023 pri

Note: Issue order copy on or before 28.04.2023

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

1.The Secretary to Government (Housing), Government of Puducherry, Secretariat, Beach Road, Puducherry – 605 001.

2.The Secretary (PHB), Puducherry Housing Board, Annanagar, Puducherry – 605 005.

3.The Chairman, Puducherry Housing Board, Annanagar, Puducherry – 605 005.

M.DHANDAPANI,J.

pri

W.P.Nos.28118, 28119, 28120 & 28121 of 2017 and 26893, 26923, 26927, 26926, 26929, 26906, 26910, 26916, 26898, 26920, 27116, 27120, 27122, 27125, 27123, 27108, 27112, 27111, 27114, 27115, 26930, 26937, 26921, 26933, 26939 & 26935 of 2019 And W.M.P.Nos.30206, 30207, 30208, 30209, 30210, 30211, 30212 & 30213 of 2017 and 26288, 26303, 26306, 26304, 26307, 26293, 26295, 26299, 26291, 26301, 26488, 26490, 26494, 26501, 26498, 26481, 26483, 26482, 26485, 26487, 26308, 26313, 26302, 26310, 26318, 26311 & 26317 of 2019

25.04.2023

https://www.mhc.tn.gov.in/judis