Madras High Court
The Managing Director vs H.Purusothaman on 18 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD) No.1931 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)No.1931 of 2024
and
C.M.P.(MD) No.14331 of 2024
1.The Managing Director,
Tamilnadu Housing Board,
No.493, Anna Salai,
Nandanam, Chennai.
2.The Assitant Secretary (Allotment),
Tamilnadu Housing Board,
No.493, Anna Salai,
Nandanam,
Chennai.
3.The Executive Engineer and Administrative Officer,
Tamilnadu Housing Board,
Tirunelveli Housing Unit,
Tirunelveli -11. ... Appellants
-vs-
H.Purusothaman ... Respondent
____________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1931 of 2024
Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
Appeal by setting aside the order, dated 05.12.2023, passed in W.P.(MD)No.
16824 of 2015.
For Appellants : Mr.A.Kannan
For Respondent : Mr.G.Prabhu Rajadurai
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
We do not see any ground to interfere with the order of the Writ Court.
2. An allotment was made by the Government to the respondent on
05.04.2005 under the Government discretionary quota. Though the Government
Order making the allotment requires the Tamil Nadu Housing Board to pass
consequential orders, no such order was passed. When the respondent came to
this Court seeking consequential orders, this Court had disposed of the Writ
Petition, directing the respondent to be treated on par with the other allottees.
____________
https://www.mhc.tn.gov.in/judis
3. Since nothing was done, the respondent filed the instant Writ Petition,
seeking a Writ of Certiorarified Mandamus, to quash the order dated 07.08.2015,
and to direct the appellants to execute sale deed in respect of the property in Plot
No.C-4, Tenkasi SMT Housing Scheme, by receiving sale price fixed during the
year 2006-2007. The Writ Court allowed the Writ Petition on the premise that the
counter affidavit does not disclose as to when the cost was finalized. Therefore,
the Writ Court directed conveyance of the property on receipt of the cost as fixed
for commercial Plot No.C-2 in the same area. Aggrieved, the Board is on appeal.
4. We have heard Mr.A.Kannan, learned counsel appearing for the
appellants and Mr.G.Prabhu Rajadurai, learned counsel appearing for the
respondent.
5. Though Mr.A.Kannan, learned counsel would seek to raise various
issues, including suppression of facts etc., none of these were urged before the
Writ Court. In the counter affidavit filed before the Writ Court, it was only stated
that the final cost has not been finalized. The Writ Court was, therefore, forced to
____________
https://www.mhc.tn.gov.in/judis
pass the order, directing payment of the cost fixed for the other commercial plot
in the same scheme.
6. The learned counsel for the appellants would, however, contend that
the respondent himself has written to the Housing Board on 20.02.2024 offering
to pay the 2015-2016 rate along with interest. This is akin to an offer being made
and the same was not accepted by the Housing Board, inasmuch as the Housing
Board filed this appeal only on 02.09.2024. It is, therefore, not open to the
Housing Board to rely upon the said letter written by the respondent. All that, the
Writ Court has done is to direct the Housing Board to treat the respondent on par
with the other allottees, whose allotments were cancelled and the cancellations
were set aside upon challenge by this Court.
7. We, therefore, do not find any merit in the appeal. The Writ Appeal
fails and it is accordingly dismissed. No costs. Consequently, connected
Miscellaneous Petition is closed.
NCC : No [R.S.M., J.] [L.V.G., J.]
Index : No 18.10.2024
smn2
____________
https://www.mhc.tn.gov.in/judis
To
1.The Managing Director,
Tamilnadu Housing Board,
No.493, Anna Salai,
Nandanam, Chennai.
2.The Assitant Secretary (Allotment),
Tamilnadu Housing Board,
No.493, Anna Salai,
Nandanam,
Chennai.
3.The Executive Engineer and Administrative Officer,
Tamilnadu Housing Board,
Tirunelveli Housing Unit,
Tirunelveli -11.
____________
https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
smn2
and
18.10.2024
____________
https://www.mhc.tn.gov.in/judis
