G. Maniammal v. The Executive Engineer

J U D G M E N T (Judgment was delivered by S.M.Subramaniam J.) The writ order dated 26.08.2022 passed in W.P.No.3873 of 2013 is Page No.2 of 7 under challenge in the present Intra-Court Appeal. The writ petitioner is the appellant before this Court.

¶2Tamil Nadu Housing Board (TNHB) allotted House No.D-91 at Tamil Nadu Housing Board, Arni Town and Taluk, Tiruvannamalai District on

20.09.1993. The appellant committed default in repayment of installments and declared as defaulter by the Tamil Nadu Housing Board. Consequently, the allotment was cancelled by the Tamil Nadu Housing Board on 03.12.1999. The said cancellation order dated 03.12.1999 was challenged in W.P.No.3873 of 2013 after a lapse of about 14 years. During the interregnum period, possession had been taken by the Tamil Nadu Housing Board and the said allotment was reallotted in favour of one Mr.V.K.Vasudevan, 6 th respondent, in the year 2012, even before filing of the writ petition.

¶3Since the writ petition has been filed after a lapse of 14 years and the house allotted in favour of the appellant in the year 1993 was reallotted after cancellation in the year 2012 in favour of Mr.V.K.Vasudevan, the findings of the Writ Court deserves no further interference. It is brought to the notice of Page No.3 of 7 this Court that the said house was once again reallotted on 31.05.2023 in favour of the 6 th respondent and he took possession of the house on

13.06.2023.

¶4The learned counsel for the appellant would submit that even after cancellation of the allotment, Tamil Nadu Housing Board recovered the installment amount from the appellant.

¶5However, the said ground raised by the appellant has been considered by the Writ Court that the appellant cannot be allowed to take a stand that some amounts were collected subsequently after cancellation of the house.

¶6In any event, the cancellation order was challenged after a lapse of 14 years, therefore, the said ground raised by the appellant is untenable. In the present case, the appellant has violated the terms of contract and therefore, not entitled for any relief. Page No.4 of 7

¶7Accordingly, the Writ Appeal stands dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 28-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni To

1.The Executive Engineer Vellore, Housing Unit, Vellore - 09.

2.The Executive Engineer

3.The Assistant Executive Engineer Arni, Tiruvannamalai - District. Page No.5 of 7

4.The Assistant Revenue Officer

5.The Bill Collector Tamil Nadu Housing Board, (T.N.H.B),Tiruvannamalai - Division, Page No.6 of 7 WAeNo.e2512eofe2022 S.M.SUBRAMANIAMeJ. AND MOHAMMEDeSHAFFIQeJ. Jeni WAeNo.e2512eofe2022 28-10-2025 PageeNo.7eofe7

2025:MHC:2611 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-10-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and CMP Nos. 19577, 19580 & 19582 of 2022 G.Mani Ammal Appellant(s) Vs 1.The Executive Engineer Vellore, Housing Unit, Vellore - 09. 2.The Executive Engineer 3.The Assistant Executive Engineer Arni, Tiruvannamalai - District. 4.The Assistant Revenue Officer Page No.1 of 7 5.The Bill Collector 6.V K Vasudevan [R6 impleaded, vide order dated 09.07.2024 made in CMP.No.10480 of 2024 in WA.No.2512 of 2022] Respondent(s) PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to allow the Writ Appeal thereby setting aside the order dated 26.08.2022 passed in WP No.3873 of 2013. For Appellant(s): Mr.A.Vinoth Kumar For Respondent(s): Mr.P.S.Seetharaman For R1 to R5 [For TNHB] Mrs.N.K.Kanthimathi For R6