LAWS(MAD)-2021-11-172

S. GANESAN Vs. TAMIL NADU HOUSING BOARD

Decided On November 30, 2021
S. GANESAN Appellant
V/S
TAMIL NADU HOUSING BOARD Respondents

JUDGEMENT

(1.) The prayer made in this writ petition is to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the fourth respondent in Ka.Di.Tha.En.Othukedu.I (5)/ 10737/2018 dtd. 19/10/2020 and the order passed by the second respondent in Kaditha En.K.K. Na. B7/11364/86 dtd. 14/10/2020, to quash the same and consequently direct the first respondent to execute and register a sale deed in respect of Plot No. PC- 16, MMDA Colony, Arumbakkam, Chennai - 600 106, in favour of the petitioner.

(2.) The facts of the case as averred in the writ petition, in a nut shell, are as follows:

(3.) Upon notice, the second respondent filed a detailed counter affidavit, inter alia stating that due to non-payment of 25% of the total cost of the plot by the petitioner, the allotment was cancelled and the EMD amount was also forfeited, which was intimated to the petitioner, by letter dtd. 1/6/1987; without challenging the same, the petitioner made a request to the Board to extend the time for payment of initial deposit, based on which, as a special case, he was directed to pay the initial deposit of 25% of total cost of the plot along with interest and revocation fee on or before 31/12/1993, vide letter dtd. 22/11/1993; and the petitioner paid 25% cost of the plot of Rs.1,19,734.00 and revocation fee of Rs.5,000.00 only on 4/2/1994, but did not pay the interest as demanded by the Board.