The High Court directed the Tamil Nadu Housing Board to execute a sale deed for Plot No.L-222 within four weeks of the order despite pending criminal investigation into alleged fraud, claiming payment was received.
Directions to execute sale deed for Plot No.L-222 within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.19299 of 2019
... Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents herein to consider the petitioner's representation dated 30.07.2018 and to execute sale deed in favour of the petitioner on receipt of the balance of sale consideration based on the allotment Letter Nos.R/12/10106/2000, dated 19.03.2001, within time frame stipulated by this Court.
For Petitioner : Mr.S.Kaithamalai Kumaran For Respondents: Mr.R.Bharath Kumar Standing Counsel O R D E R
This writ petition has been filed seeking for a direction to the respondents herein to consider the petitioner's representation dated 30.07.2018 and to execute sale deed in favour of the petitioner on receipt of the balance of sale consideration based on the allotment letter dated 19.03.2001 within a time frame to be fixed by this Court.
2.Heard Mr.S.Kaithamalai Kumara n, learned counsel for the petitioner and Mr.R.Bharath Kumar, learned Standing Counsel https://hcservices.ecourts.gov.in/hcservices/ for the respondents.
3.On instructions Mr.R.Bharath Kumar, learned Standing Counsel for the respondents would submit that in compliance with the directions given by this Court, the petitioner has paid the sale consideration to the respondents. He would also submit that the respondents are willing to execute the sale deed in favour of the petitioner.
4.After recording the submissions made by the learned Standing Counsel for the respondents, this Court directs the respondents to execute the sale deed in favour of the petitioner for the property in Plot No.No.L-222 at Muthampalayam Housing Unit No.I, within a period of four weeks from the date of receipt of a copy of this order.
5.With the above direction, this writ petition is allowed. No costs.
6.However, it is made clear insofar as the criminal investigation with regard to the alleged fraudulent execution of sale deed by employees of Tamil Nadu Housing Board in Crime No.15 of 2016, District Crime Branch, Erode is concerned, the same shall continue.
Sd/Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pam To 1.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nanthanam,Chennai – 600 035.
4.The Investigation Officer, District Crime Branch, Erode
+1cc to Mr.S.Kaithaimalai Kumaran , Advocate SR.No. 7174
+1cc to Mr.R.Bharath Kumar , Advocate SR.No. 6929
W.P.No.19299 of 2019
A.SK(22.02.2021). https://hcservices.ecourts.gov.in/hcservices/
2 issues framed by the court
Whether the respondents ought to be directed to execute a sale deed in favour of the petitioner for the property in Plot No.L-222.
Whether the criminal investigation into alleged fraudulent execution of sale deed should continue.
1 provisions across 1 enactments
T.Selvaraj
The Managing Director, Tamil Nadu Housing Board
The Executive Engineer & Administrative Officer, Tamil Nadu Housing Board
The Manager, Sales & Service, Tamil Nadu Housing Board
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
