Madras High Court
M.Kannabiran vs The Principal Secretary on 5 November, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
W.A.No.2655 of 2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A.No. 2655 of 2022
M.Kannabiran ...Appellant
Vs.
1.The Principal Secretary,
Housing and Urban Development,
Fort St. George,
Chennai – 600 009.
2.The Managing Director,
Tamil Nadu Housing Board,
493, Anna Salai, Nandanam,
Chennai – 600 035.
3.The Executive Engineer & Administrative Officer,
Tamil Nadu Housing Board,
K.K.Nagar, Chennai.
4.The Executive Engineer & Administrative Officer,
Mogappair Division,
Tamil Nadu Housing Board,
Thirumangalam, Chennai. ...Respondents
PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order dated 30.11.2018 made in W.P.No.2585 of 2017.
1/6
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W.A.No.2655 of 2022
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For Appellant : Mr.A.Veerasamy
For Respondents : Mr.S.Senhil Murugan,
Spl.GP for R1
Mr.V.Gunasekar,
Standing Counsel for R2 to R4
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JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Writ order dated 30.11.2018 made in W.P.No.2585 of 2017 is under
challenge.
2. Writ petitioner is appellant. Admittedly, writ petitioner secured two
different allotment of flats from Tamil Nadu Housing Board for which he is
ineligible.
3. Learned counsel for Tamil Nadu Housing Board would submit that
second allotment was secured by suppressing the fact of first allotment made
in favour of appellant. Thus, Board cancelled second allotment and already
paid a sum of Rs.21,79,927/-.
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4. Learned counsel appearing on behalf of appellant would submit that
he is not pressing the relief to resume cancelled allotment. However, amount
paid is to be returned back to appellant. A part amount of Rs.21,79,927/- has
already been settled, but balance amount to the tune of Rs.9,04,720/- is yet to
be paid to appellant.
5. Executive Engineer and Administrative Officer, Tamil Nadu Housing
Board in his counter has stated that allotment of Pot No.312, LIG II, Nolambur
Phase – II scheme was canclled and possession also had taken from
appellant/ allottee. Said flat was allotted subsequently in favour of one
R.Shanthi. Therefore, there is no financial loss to Tamil Nadu Housing Board.
6. Thus, forfeiture of initial deposit is unjustified. Since plot initially
allotted in favour of appellant was cancelled and re-allotted in favour of some
other person, initial deposit made by appellant is to be reimbursed. In view of
said fact, respondent Tamil Nadu Housing Board is directed to repay balance
amount of Rs.9,04,720/- to appellant within a period of six (6) weeks from date
of receipt of a copy of this order. In respect of finding made by writ Court no
interference is required.
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7. With above directions, this Writ Appeal stands disposed of. No
costs.
(S.M.S., J.) (M.S.Q., J.)
05.11.2025
dsa
Index :Yes/No
Neutral Citation :Yes/No
Speaking/Non-speaking order
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To
1.The Principal Secretary,
Housing and Urban Development,
Fort St. George,
Chennai – 600 009.
2.The Managing Director,
Tamil Nadu Housing Board,
493, Anna Salai, Nandanam,
Chennai – 600 035.
3.The Executive Engineer & Administrative Officer,
Tamil Nadu Housing Board,
K.K.Nagar, Chennai.
4.The Executive Engineer & Administrative Officer,
Mogappair Division,
Tamil Nadu Housing Board,
Thirumangalam, Chennai.
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S.M.SUBRAMANIAM, J.
and
MOHAMMED SHAFFIQ, J.
dsa
05.11.2025
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