S.ABDUL RASHEED Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) THE Appellant/Petitioner has projected the present Writ Appeal as against the order dated 30.04.2008 passed by the Learned Single Judge in W.P.No.6764 of 2006 in dismissing the Writ Petition.

(2.) THE Learned Single Judge, while passing the orders in W.P.No.6764 of 2006 filed by the Appellant/Petitioner, has, inter alia, observed that '.. there is no difficulty to come to the conclusion that the remedy available to the Petitioner (Appellant) is not by filing the present Writ Petition and circumstances are not extraordinary warranting this Court to interfere. As correctly pointed out by the learned Advocate General, by cancelling the confirmation of sale it does not make the Petitioner (Appellant) to lose his right of participation in the subsequent auction sale to be conducted by the Housing Board. Even otherwise, if at all there is any damage caused due to the conduct of the respondent Housing Board in not executing the sale deed by passing the impugned order, it is for the Petitioner to work out his remedy before the appropriate forum' and resultantly, dismissed the Writ Petition without costs, leaving it open to the Petitioner (Appellant) to avail the remedy in the manner known to law.

(3.) THE Learned Senior Counsel for the Appellant urges before this Court that the Appellant is the highest bidder and further, he has paid the full consideration amount as determined by the Respondents 1 and 2.