S.Maheswaran, Vs the Tamil Nadu Housing — Writ and Judicial Review | Madras HC (2025)

S.Maheswaran, Vs the Tamil Nadu Housing — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

As prayed (but never adjudicated): whether the letters dated 10.01.2014 of the 2nd respondent should be quashed and the respondents directed to accept 10% P.A. interest on belated payment or penalty for the unpaid purchase money and to execute and register Sale Deeds in respect of the respective commercial plots in TNHB Layout, Kakaloor Village, Thirvaloor Taluk and District.

Ratio / Principle

Given that the writ petitions of 2014 were listed under the caption 'for dismissal' and there was no representation for the petitioners on 01.03.2021 despite the adjournment earlier sought by their counsel, the Court inferred that the petitioners were not interested in prosecuting the writ petitions.

Key takeaways

All four writ petitions (W.P.Nos.8422 to 8424 of 2014 and 8770 of 2014) were dismissed for non-prosecution, with no costs, and the connected miscellaneous petitions (M.P.Nos.1 and 1 of 2014) were closed.ratio¶17

Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose, J.), by common order dated 01.03.2021, dismissed W.P.Nos.8422 to 8424 of 2014 and 8770 of 2014 for non-prosecution and closed connected M.P.Nos.1 and 1 of 2014. The matters, pending since 2014, were listed under the caption 'for dismissal'; on the previous hearing (09.02.2021) counsel for the petitioners had sought an adjournment, but on 01.03.2021 there was no representation for the petitioners while the standing counsel for respondents 1 and 2 (The Tamil Nadu Housing Board and its Executive Engineer and Administrative Officer, Thirumayhisai Satellite City Zone) was present. The Court inferred that the petitioners were not interested in prosecuting the petitions and dismissed them with no costs. The petitions had been filed under Article 226 of the Constitution seeking certiorarified mandamus to quash TNHB letters dated 10.01.2014 and directions to accept 10% P.A. interest on belated payment or penalty for unpaid purchase monies (Rs.5,55,000/-, Rs.4,65,000/-, Rs.3,62,000/- and Rs.2,37,500/- respectively) and to execute and register Sale Deeds for Commercial Plot Nos.R-182, R-172, R-75 and R-25 in TNHB Layout, Kakaloor Village, Thirvaloor Taluk and District. No substantive issue was adjudicated; the decision carries no precedential value on the merits.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE ABDUL QUDDHOSE

W.P.Nos.8422 to 8424 of 2014 and 8770 of 2014

and M.P.Nos.1 and 1 of 2014

S.Maheswaran ... Petitioner in W.P.No.8422 of 2014 P.Jagadeesan ... Petitioner in W.P.No.8423 of 2014 O.Indra ... Petitioner in W.P.No.8424 of 2014 M.Krishnan ... Petitioner in W.P.No.8770 of 2014 Vs 1. The Tamil Nadu Housing Board, Rep by its Managing Director, Chennai. 2. The Executive Engineer and Administrative Officer, Thirumayhisai Satellite City Zone, TNHB, No.792, T.K.S.P.M.Towers, Poonamallee, Chennai 600 056 ...Respondents in all W.Ps Prayer in W.P.No.8422 of 2014: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorarifed mandamus, calling for the records pertaining to the letter dated 10.01.2014 in Lr.No.Thi.Thu.Na.Ka.KO/A1/5847/2010 of the 2nd respondent and quash the same and further direct the respondents 1 and 2 to accept 10% P.A.interest on belated payment or penalty for the unpaid purchase money of Rs.5,55,000/- and execute and register a Sale Deed in respect of Commercial Plot No.R-182, TNHB Layout, Kakaloor Village, Thirvaloor Taluk and District in favour of the petitioner.

Prayer in W.P.No.8423 of 2014: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorarifed mandamus, calling for the records pertaining to the letter dated 10.01.2014 in Lr.No.Thi.Thu.Na.Ka.KO/A1/1430/2010 of the 2nd respondent and

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quash the same and further direct the respondents 1 and 2 to accept 10% P.A.interest on belated payment or penalty for the unpaid purchase money of Rs.4,65,000/- and execute and register a Sale Deed in respect of Commercial Plot No.R-172, TNHB Layout, Kakaloor Village, Thirvaloor Taluk and District in favour of the petitioner.

Prayer in W.P.No.8424 of 2014: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorarifed mandamus, calling for the records pertaining to the letter dated 10.01.2014 in Lr.No.Thi.Thu.Na.Ka.KO/A1/389/2012 of the 2nd respondent and quash the same and further direct the respondents 1 and 2 to accept 10% P.A.interest on belated payment or penalty for the unpaid purchase money of Rs.3,62,000/- and execute and register a Sale Deed in respect of Commercial Plot No.R-75, TNHB Layout, Kakaloor Village, Thirvaloor Taluk and District in favour of the petitioner.

Prayer in W.P.No.8770 of 2014: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorarifed mandamus, calling for the records pertaining to the letter dated 10.01.2014 in Lr.No.Thi.Thu.Na.Ka.KO/A1/1748/2011 of the 2nd respondent and quash the same and further direct the respondents 1 and 2 to accept 10% P.A.interest on belated payment or penalty for the unpaid purchase money of Rs.2,37,500/- and execute and register a Sale Deed in respect of Commercial Plot No.R-25, TNHB Layout, Kakaloor Village, Thirvaloor Taluk and District in favour of the petitioner.

For Petitioner : No appearance in all W.Ps For Respondents-1 &2 : Mr.V.Bharathkumar in all W.Ps

COMMON ORDER

The matters are listed under the caption “for dismissal”, today. Even on the last occasion i.e. on 09.02.2021, the learned counsel for the petitioners has sought for an adjournment. Only at his request, the matter was adjourned to today (01.03.2021) under the caption 'for dismissal'. Today, there is no representation on the side of the petitioners. However, the learned standing counsel appearing for the

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respondents is present. The Writ Petitions are of the year 2014. Therefore, it can now be inferred that the petitioners are not interested in prosecuting these Writ Petitions. Accordingly, these Writ Petitions are dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/-

Assistant Registrar(CS VII)

//True Copy//
Sub Assistant Registrar
srn
To
1. The Managing Director,
Tamil Nadu Housing Board,
Chennai.
2. The Executive Engineer and
Administrative Officer,
Thirumayhisai Satellite City Zone,
TNHB, No.792, T.K.S.P.M.Towers,
Poonamallee,
Chennai 600 056.
+4cc to Mr.R.Bharath Kumar, Advocate Sr.12908
W.P.Nos.8422 to 8424 of 2014 and 8770 of 2014
and M.P.Nos.1 and 1 of 2014
sky[co]
srg 19/03/2021

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