K.BALAKRISHNAN Vs. EXECUTIVE ENGINEER SPECIAL DIVISION II

JUDGEMENT

(1.) This petition has been filed by the petitioner to direct the respondents to hand over the sale deed belongs to the petitioner and consequently directing the respondents 1 & 2 to hand over the petitioners flat House No.48 HIG II at Ganapathy Coimbatore in full shape.

(2.) The case of the petitioner is that the petitioner sent an application dated 9.3.1989 to the first respondent to allot house under the Higher Income Group Scheme-II, Ganapathypuram for Central Government employees Out Right Purchase Scheme. It is the further case of the petitioner that the 1st respondent sent a letter dated 1.7.1991 to the petitioner intimating the revised cost at Rs.2,02,600/-. Based on the application, the first respondent sent another letter dated 5.6.1992 requesting the petitioner to execute a lease cum sale agreement. As per the letter dated 05.6.1992 the petitioner entered into a lease cum sale agreement dated 15.07.1992 with the first respondent. Thereafter the first respondent by its letter dated 22.04.1996 allotted a flat to the petitioner under the "Housing Special Division II Coimbatore House NO.HIG II Ganapathy- K.Nalakrishnan ready for occupation- with effect from 10.3.1996. It was further stated therein that if there is any increase in cost the same has to be paid separately in one lumpsum, and the petitioner was also requested to take possession of house after paying the 1st month instalment along with maintenance charges. Accordingly, the petitioner paid the entire cost of Rs.2,02,600/- in full and the amount was acknowledged by the Housing Board, by letter dated 31.07.1992 as per the intimation sent to the petitioner. It is submitted that by a letter dated 7.10.1992 vide reference NO.R6/3253/89 sent by the first respondent acknowledging the receipt of the above pay order dated 31.07.1992, it was further stated that title deed will be issued only after completion of five years from the date of allotment and finalization of land and building cost. Thereafter the 1st respondent sent letter to the petitioner stating that that site will be handed over on any working day at 10.30 am at the site and he was instructed to contact the Assistant Engineer, Special Division II, Ganapathy Neighbourhood Scheme, Coimbatore about the date of taking over of the possession of the house. The grievance of the petitioner is that the first respondent did not hand over the key and possession of House No.48, till date. Therefore, the petitioner filed a writ petition before this Court in W.P.No.8101/2004 to call for the records of the first respondent herein pertaining to the impugned order dated 22.04.1996 and this Court by its order dated 20.04.2005 passed an order in favour of the petitioner stating that though the amount sought to be paid by the petitioner at Rs.98,431/- has been given, however, the letter does not contain the breakup of particulars and, therefore, the impugned order was set aside with liberty to the respondents to issue a fresh notice containing all the required break up particulars. In the event of the petitioner not being satisfied with the demand and the break up particulars, the petitioner was granted liberty to approach the civil court. Though such a direction was issued, however, since no intimation was forthcoming from the 1st respondent, left with on other alternative the petitioner filed this petition with the above said prayer.

(3.) Learned counsel appearing for the petitioner submits that after filing the writ petition, the respondents issued a working sheet quantifying the payment at Rs.5,12,402/- as outstanding due. The learned counsel, on instruction submits that the petitioner is ready to pay the sum of Rs.5,12,402/- within a period of four weeks from the date of receipt of copy of this order and on receipt of the payment, the 1st respondent may be directed to release the sale deed to the petitioner and hand over the keys to the petitioner within a prescribed time fixed by this Court.