N.Kamatchi (Died) vs The Managing Director
2025 Latest Caselaw 7120 Mad

Madras High Court

N.Kamatchi (Died) vs The Managing Director on 16 September, 2025

Bench: S.M.Subramaniam, Mohammed Shaffiq

                                                                                         W.A.No.2511 of 2022


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 16.09.2025

                                                       CORAM :

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
                                                     AND
                                  THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

                                               W.A.No.2511 of 2022
                                                      and
                                              CMP.No.19566 of 2022
                    1.N.Kamatchi (died)
                    2.N.Thirunaavukkarasu                                 ...          Appellant

                    (Sole appellant (died) is substituted by
                    the 2nd appellant as LRs of deceased
                    sole appellant vide order of Court
                    dated 10.01.2025 made in CMP.
                    No.15833 of 2024 in W.A.No.2511/2022)

                                                              Vs.
                    1.The Managing Director,
                      Tamil Nadu Housing Board,
                      No.493, Anna Salai,
                      Nandanam, Chennai - 600 035.

                    2.The Executive Engineer,
                      and Administration Officer,
                      Anna Nagar Division,
                      Tamil Nadu Housing Board,
                     Thirumangalam Complex,
                     Thirumangalam, Chennai-600 101.                      ...          Respondents




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                                                                                         W.A.No.2511 of 2022




                    PRAYER : The Writ Appeal has been filed under Clause 15 of the

                    Letters patent against the order of this Court dated 18.10.2019 passed in

                    W.P.No.4157 of 2019.


                                   For Appellant                  ...      Mr.S.Kavin
                                                                           for Mr. B.Arvind Srevatsa

                                   For Respondents                ...      Mr.D.Veenasekaran
                                                                           Standing Counsel for TNHB

                                                      JUDGMENT

(The order of this Court was made by S.M.Subramaniam,J.,)

The writ order dated 18.10.2019 came to be challenged in the

present appeal. The writ petitioner is the appellant. Writ of mandamus has

been instituted seeking direction to the 2nd respondent to execute the

register sale deed in favour of the petitioner in respect of the flat allotted

to the appellant.

2.It is not in dispute that Flat No.33/1, Golden Apartment, East

Cross Road, Maha Kavi Bharathi Nagar, Vyasarpadi, Chennai, had been

allotted in favour of the appellant on 21.05.2004. There was a delay in

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handing over possession of the flat on account of continuous litigation

between the parties. However, the Housing Board, considering the plight

of the purchasers, reduced the cost of the flat from Rs.10,76,800/- to

Rs.6,38,543/- on 26.08.2011. Admittedly, possession had been taken by

the appellant on 14.03.2014. As on today, the appellant is in possession

and enjoyment of the flat.

3. The learned counsel appearing for the appellant would mainly

contend that the interest charged is exorbitant and that the penalty

recovered is not in accordance with law.

4. This Court is of the considered view that the cost of the flat had

already been reduced from Rs.10,76,800/- to Rs.6,38,543/- and the entire

transaction came to an end and the possession handed over to the allottee

in the year 2014. Thus, it would be unnecessary for this Court to unsettle

the settled contract between the parties and more so, when the appellant is

in enjoyment of the property for the past about 11 years and has not made

out any acceptable ground for the purpose of interfering with the writ

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order passed. Consequently, the writ appeal stands dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                 (S.M.S.J)         (M.S.Q..J)
                                                                         16.09.2025
                    Index           : Yes/No
                    Internet        : Yes/No

Speaking order/Non-Speaking order Neutral Citation : Yes/No sms

To

1.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

2.The Executive Engineer, and Administration Officer, Anna Nagar Division, Tamil Nadu Housing Board, Thirumangalam Complex, Thirumangalam, Chennai-600 101.

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S.M.SUBRAMANIAM,J., and MOHAMMED SHAFFIQ,J.,

sms

and

16.09.2025

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