D. MARIA ANTHONYAMMAL Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) These Writ Petitions have been filed for issuance of Writ of Mandamus, directing the respondents to execute sale deeds in favour of the petitioners in respect of flats in T.Nos.169, 167, 166 and 171 at Ellis Nagar, Madurai respectively.

(2.) Indisputably on 15.02.1986, 22.01.1987, 18.03.1987 and 21.07.1987, the second respondent issued allotment orders in respect of HIG flats in T.Nos.169, 167, 166 and 171 at Ellis Nagar, Madurai in favour of the petitioners, respectively. The tentative cost of each flat was worked out to Rs.1,19,000/- for an extent of 1500 sq.ft. As per the Scheme, a 20 feet road is to be provided on the eastern side of the flats in T.Nos.165 to 174 to ensure ingress and egress. Admittedly, constructions of the flats had completed in the year 1987 and they were handed over to the petitioners. Even then, the sale deeds were not executed and hence, they have come forward with these Writ Petitions.

(3.) Mr.M.Sriram, learned counsel for the petitioners submitted that despite the entire cost of the flats were paid by the petitioners as early as in the year 2008, but the sale deeds are not executed in their favour and hence, their title would not be perfected. It is further submitted that the respondents having received the entire cost of the land, are duty bound to execute sale deeds in favour of the petitioners. He further added that since the petitioners have not obtained sale deeds, the electricity service connection, water service connection and property tax could not be made in the name of the petitioners and hence, they are not in a position to enjoy the property, though they are the owners of the same.