.Bhuana Chandrika Vs the Executive Engineer and Ado

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records of impugned notice, dated 12.02.2021 bearing reference No.SPD 1/A.1/303/2011 and quash the same and consequently, direct the 1st

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respondent to execute a sale deed as per regular allotment order, dated https://www.mhc.tn.gov.in/judis

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W.P.No.5426 of 2025

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07.03.2017 within time limit fixed by this Court.

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For Petitioner : M/s.C.Shankary,

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for M/s.Nathan and Associates

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For Respondents : Mr.D.Veerasekaran, Standing Counsel

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ORDER

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This Writ Petition is filed challenging the impugned notice, dated

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12.02.2021 and to consequently, direct the first respondent to execute a sale

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deed as per the regular allotment order, dated 07.03.2017.

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The grievance of the petitioner is that the petitioner applied for

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allotment of a plot in the respondent Housing Board. By the

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communication, dated 14.03.2011, the petitioner was informed that she was

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selected for provisional allotment of a residential plot in HIG - 0303

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admeasuring 2325 Sq.ft. The petitioner was required to pay an advance of

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Rs.2,32,400/- and the remaining amount on monthly installment basis at the

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https://www.mhc.tn.gov.in/judis

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W.P.No.5426 of 2025

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rate of Rs.7,500/- per month for a period of five years. The petitioner, accordingly, deposited the said sum of Rs.2,32,400/- on 08.04.2011. It was stated that the petitioner will be further intimated about the balance of installments. Thereafter, when the petitioner was intimated, the petitioner

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started paying installments and the entire sale consideration was paid and no amount is due. The price was also revised and the installment was enhanced

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from Rs.7,500/- to Rs.12,307/- which amount has also been duly paid by the petitioner.

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While so, now, by the impugned order, the petitioner is informed that there is an additional extent of 2160.47 Sq.ft., available abutting to the petitioner's plot. Therefore, the petitioner was directed to pay the sale consideration in respect of the said extent also. It is intimated that only upon the payment, the sale deed will be executed. The petitioner is not in a

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position to purchase the said additional extent and she only wants her original plot of 2325 Sq.ft alone. Therefore, the petitioner is before this

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https://www.mhc.tn.gov.in/judis

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W.P.No.5426 of 2025

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Court challenging the impugned order.

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The Writ Petition is resisted by the respondents and a counter-

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affidavit is also filed. From the counter-affidavit, it can be seen that since

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the extent is there together in the particular survey number as per the F.M.B

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sketch, the same is offered by the Housing Board and if the petitioner does

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not want, the authorities will first bifurcate the additional land and after

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bifurcation, the sale deed will be executed subject to the other terms and conditions including verification of the payment of entire sale consideration

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etc.

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