R.Latha Mangeskar v. The Executive Engineer and

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)Nos.18543, 18547, 18548, 18550 to 18556 and 18558 of 2018 W.P.(MD)No.18543 of 2018 R.Latha Mangeskar ... Petitioner versus

¶1The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Kamarajar Salai, Anbu Nagar, Tirunelveli – 627 010.

¶2The Chairman, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai – 600 035.

¶3State of Tamil Nadu, Rep. by its Secretary to Government, Housing Unit and Urban Development Department, Fort St. George, Chennai – 600 009. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records of the 1st respondent vide demand notice No.R3/GO104-BCOST/2017 dated 22.09.2017 and quash the same by an order of this Hon'ble Court and thereafter, pass orders/directions to issue a fresh demand notice for land cost of Rs.3000/- per cent as per the Minimum amount levied by the Sub Court, Tirunelveli, in LAOP's and direct the petitioner to execute the Sale Deed in favour of the petitioner. For Petitioner : No appearance For R1 and R2 : Mr.S.Velmurugan, Standing Counsel For R3 : Mr.M.Sarangan, Additional Government Pleader COMMON ORDER The petitioners were allottees of the houses constructed by the Tamil Nadu Housing Board Colony, V.M. Chatram, Palayamkottai Taluk, Tiruneveli District. In the year 1997, at the time of allotment, the cost of building was tentatively shown as Rs.2,32,900/-. The petitioners claim that they have paid the tentative cost. However, on

10.03.2011, the Housing Board had issued a notice to the petitioners, demanding more amount than the amount prescribed in the year 1997. Challenging the same, the petitioners have filed applications before the District Consumer Forum, Tirunelveli in C.C.No.119 of 2011 etc. Initially, their applications were dismissed by the District Consumer Forum, Tirunelveli, against which, they preferred appeals before the State Consumer Forum, Madurai. The State Consumer Forum, Madurai, have allowed all these appeals and remanded the matters for fresh consideration by the District Consumer Forum, Tirunelveli. Pending the proceedings before the District Consumer Forum, Tirunelveli, the Housing Board had again issued another demand notice calling upon the petitioners to make payments on or before 26.08.2018. Challenging the same, these writ petitions have been filed. Now, it is reported that the District Consumer Forum, Tirunelveli, has taken a decision on the applications filed by the petitioners, against which, appeals are pending before the State Consumer Forum.

¶2These writ petitions have been filed in the year 2018. There is no endorsement available in the record as to whether any notice was ordered in these writ petitions. These writ petitions are pending without even any notice to the respondents.

¶3When these writ petitions were taken up for hearing on

10.11.2023, this Court directed the learned Standing Counsel appearing for the Tamil Nadu Housing Board to get instructions as to the present stage of the cases and posted the matters on 20.11.2023. Since there was no representation for the petitioners on 20.11.2023, the Registry was directed to list these matters today under the caption "For Dismissal". Even today, there is no representation for the petitioners.

¶4Today, the learned Standing Counsel appearing for the Tamil Nadu Housing Board has filed a report with regard to the payment made by the petitioners and the remaining amount to be paid by the petitioners. The details are as under: SI W.P.(MD) Case Nos Name of the Allottee Thiru/Tmt House Tentativ e cost as per Allotme nt order (in Rs.) Allotment Date Final land Cost (per Ground) (in Rs.) Date fixed by the Board for the Final cost fixed by the Bd proceeding No.C1/1240-A/11

dt:

18.02.2011 (per Ground) (in Rs.) Demand as

on

30.11.202 (in Rs.) Amount paid (in Rs) Balance cost to be paid (in Rs) 18543/2018 R.Latha Mangeskar MIG-232900

18.08.1997 283000

31.08.1996 763542 349047 414495 18547/2018 Parvathi ammal MIG-209400

16.07.1996 216000

31.08.1996 547008 218070 328938 18548/2018 M.Ganesan MIG-214158

16.12.1996 239000

31.08.1996 604854 226015 378839 18550/2018 S.Ponesaki MIG-250000

24.12.1997 283000

31.08.1996 796349 242162 554187 18551/2018 Gershen Thangaraj HIG-6 475490

03.10.1996 283000

31.08.1996 2298125 575386 1722739 18552/2018 S.Gana soundari HIG-660600

13.11.1998 334000

31.08.1996 2561160 904320 1656840 18553/2018 E.Irudayaraj MIG-249300

16.09.1997 283000

31.08.1996 728950 258423 470527 18554/2018 R.Kali ammal HIG-562500

30.04.1998 334000

31.08.1996 2759229 892561 1866668 18555/2018 A.Krishna veni HIG-467100

30.12.1996 283000

31.08.1996 2474373 526588 1947785 18556/2018 P.Ananthammal HIG-547700

10.07.1998 334000

31.08.1996 1765362 621669 1143693 18558/2018 Senthil Kumar HIG-433500

20.03.1997 283000

31.08.1996 1468688 455706 1012982

¶5The learned Standing Counsel also submits that out of 11 persons, six of them have already settled the amount and also received the sale deed and others are still agitating this issue before the State Consumer Forum, Madurai.

¶6Since the issues are pending with the State Consumer Forum, the petitioners shall work out their remedy before the State Consumer Forum, Madurai. Accordingly, these writ petitions are closed. No costs.

27.11.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To

¶1The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Kamarajar Salai, Anbu Nagar, Tirunelveli – 627 010.

¶2The Chairman, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai – 600 035.

¶3The Secretary to Government, Housing Unit and Urban Development Department, Fort St. George, Chennai – 600 009. W.P.(MD)Nos.18543,o18547,o18548,o18550otoo18556oando18558oofo2018 B.PUGALENDHI,oJ. ogy W.P.(MD)Nos.18543,o18547,o18548, o18550otoo18556ooando18558oofo2018o

27.11.2023