Madras High Court
The Executive Engineer And ... vs C.Shanmugasundaram on 24 April, 2025
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)No.1730 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.1730 of 2023
and
CMP(MD)No.13242 of 2023
1. The Executive Engineer and Administrative Officer,
Tirunelveli Housing Unit,
E.B. Colony, Sivanthipatti Road,
Tirunelveli -627 011.
2. The Managing Director,
Tamilnadu Housing Board,
Nandanam, Chennai-600035.
3. The Marketing and Service Manager,
Tamilnadu Housing Board,
Kamarajar Salai, Anbunagar,
Tirunelveli-627 011. ... Appellants
vs.
1. C.Shanmugasundaram
2. The Secretary,
Tamil Nadu Housing and Urban Development,
Secretariat, Fort St.George,
Chennai-600 035. ... Respondents
Page No.1 of 6
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W.A.(MD)No.1730 of 2023
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent
against the order of this Court in W.P(MD)No.19447 of 2013, dated
12.10.2022.
For Appellants : Mr.A.Kannan
For R1 : MrK.Anand
For R2 : Mr.D.Farjana Ghoushia
Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by J.NISHA BANU, J.)
This writ appeal is directed against the order made in
W.P(MD)No.19447 of 2013, dated 12.10.2022.
2. The above writ petition was filed for a Mandamus
directing the 1st appellant to execute a sale deed in favour of the 1 st
respondent / writ petitioner in respect of House No.6 in HIG at
V.M.Chatram, Tirunelveli, purchased as per House Right Purchase
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System by the 1st respondent, by considering his representation dated
21.03.2013.
3. The Writ Court has issued the following direction:
''16.A careful analysis of both the Division Bench Judgements will
clearly reveal that where there is a lability upon the allottee to pay an amount to
the Housing Board and the said liability has not been intimated to the allottee in
time, the Board would not be entitled to levy interest till they have made a
demand. In the present case, the award in the acquisition proceedings has been
passed on 31.01.2003 and the final cost was arrived at on 18.02.2011. Thereafter,
the working sheet has been furnished to the writ petitioner on 11.11.2013.
However, interest has been calculated for the said difference in land cost from
April 1999 onwards.
17.In view of the Hon'ble Division Bench Judgments cited supra, the
respondent Board will be entitled to claim interest only from November 2013
onwards when they had furnished a working sheet to the writ petitioner.
Therefore, the Board is not entitled to claim any interest on any outstanding
amount till November 2013. The respondent Board shall be entitled to claim
interest for difference in land cost from December 2013 onwards. The Board shall
issue a fresh demand notice to the writ petitioner on the basis of the above said
finding arrived at by this Court. The writ petitioner shall pay the amount as per
the demand notice and get a sale deed executed by the respondent board.
18.In view of the above said facts, this Court passes the following
orders;
(i). The respondent Board is directed to issue a fresh demand notice as per
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directions given by this Court with a detailed working sheet to the writ petitioner
within a period of 8 weeks from the date of receipt of a copy of this order.
(ii). The writ petitioner shall pay the amount within a period of 8 weeks from the
date of receipt of such demand notice. If there is any delay, the Board is entitled to
levy interest for the delay beyond 8 weeks. On such payment, the respondent
Board is directed to execute a sale deed in favour of the writ petitioner within a
period of 4 weeks from the date of receipt of entire sale consideration.
19.With the above observations, this writ petition is allowed to the
extent as stated above. No costs.''
4. Today, when the writ appeal was taken up for
hearing, learned counsel for the appellants submitted that pursuant to
the abovesaid order, when fresh demand notice was issued to the 1st
respondent, he paid the entire amount and a sale deed has also been
registered in his favour in respect of House No.6 in HIG at
V.M.Chatram, Tirunelveli, and therefore, this writ appeal has become
infructuous. He has also produced the receipt for payment made by the
1st respondent.
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5. Recording the said submission, the Writ Appeal is
dismissed as infructuous. No costs. Connected miscellaneous petition
is closed.
[J.N.B., J.] [S.S.Y., J.]
24.04.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
To:
The Secretary,
Tamil Nadu Housing and Urban Development,
Secretariat, Fort St.George,
Chennai-600 035.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
bala
JUDGMENT MADE IN
DATED : 24.04.2025
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