Madras High Court
M.Balakrishnammal vs The Managing Director on 18 October, 2023
W.A.(MD)No.654 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.654 of 2019
and
C.M.P.(MD)Nos.5520 & 5521 of 2019
M.Balakrishnammal ... Appellant
Vs.
1.The Managing Director,
Tamil Nadu Housing Board,
No.493, Anna Salai, Nandanam,
Chennai-600 035.
2.The Executive Engineer and
Administrative Officer,
Madurai Housing Board Unit, Ellis Nagar,
Madurai-625016.
3.Manager-Marketing and Service,
Madurai Housing Unit,
Tamil Nadu Housing Board,
Ellis Nagar, Madurai-625016. ...Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.14233 of 2018, dated 23.04.2019 on the file of
this Court.
1/5
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W.A.(MD)No.654 of 2019
For Appellant : Mr.J.Lawrance
For Respondents : Mr.A.Kannan, Standing Counsel
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
This Writ Appeal has been instituted against the order dated 23.04.2019
passed in W.P.(MD)No.14233 of 2018.
2.The appellant has instituted the Writ proceedings, challenging the
letter dated 20.03.2018 issued by the Executive Engineer and Administrative
Officer, Madurai Housing Board Unit and seeking a direction to the respondents
to adjust the amount deposited already by the appellant and to collect the balance
dues and executed the sale deed.
3.The learned Single Judge dismissed the Writ Petition on the ground
that the appellant was a defaulter in repayment of dues to the Madurai Housing
Board. Thus, the appellant preferred the present Writ Appeal.
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W.A.(MD)No.654 of 2019
4.During the course of arguments, the learned counsel appearing for the
appellant made a submission that the appellant is ready and willing to settle the
entire dues together with the interest and penal interest. Accordingly, we have
asked the learned Standing Counsel for the respondents Housing Board to submit
the calculation sheet and to ascertain the balance to be paid by the appellant to the
Madurai Housing Board.
5.The learned Standing Counsel for the respondents submitted
assessment of cost till 31.10.2023. As per the working sheet, the appellant is
liable to pay a sum of Rs.18,87,000/- (Rupees Eighteen Lakhs and Eighty
Thousand Only) towards full and final settlement.
6.The learned counsel for the appellant has made a submission that the
appellant will settle the entire amount of Rs.18,87,000/- within a period of one
month from today.
7.Thus, the balance interest for the period from 01.11.2023 to till the
date of payment also to be recovered from the appellant. Accordingly, the
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W.A.(MD)No.654 of 2019
appellant is directed to pay a sum of Rs.18,87,000/- along with further interest till
the date of payment on or before 30.11.2023. In the event of failure on the part of
the appellant in paying entire dues, the Madurai Housing Board / respondents are
at liberty to take possession of the allotted house and thereafter, recover the dues
from the appellant by following due procedures.
8.With these terms, this Writ Appeal stands disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
(S.M.S., J.) & (V.L.N., J.)
18.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.654 of 2019
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)No.654 of 2019
18.10.2023
https://www.mhc.tn.gov.in/judis
