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Madras High Court

K.Gowri Shankar vs The Managing Director on 22 October, 2018

Author: R.Mahadevan

Bench: R.Mahadevan

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                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 22.10.2018

                                                           CORAM

                                     THE HONOURABLE MR.JUSTICE R.MAHADEVAN

                                                  W.P.No.25657 of 2018


                      K.Gowri Shankar                                             ... Petitioner

                                                            Vs

                      1.The Managing Director,
                      Tamil Nadu Housing Board,
                      493, Anna Salai,
                      Nandanam,
                      Chennai - 600035.

                      2. The Executive Engineer (Admin)
                      Tamil Nadu Housing Board,
                      K.K.Nagar Division,
                      Tamil Nadu Housing Board Building,
                      Ashok Nagar,
                      Chennai - 600083.

                      3. The Manager Sales (M) Services,
                      Tamil Nadu Housing Board,
                      K.K.Nagar Division,
                      Tamil Nadu Housing Board Building,
                      Ashok Nagar,
                      Chennai - 600083.                                            ... Respondents


                      PRAYER : Writ Petition filed under Article 226 of the Constitution of India to
                      issue a Writ of Mandamus, directing the respondents to discharge the mortgage
                      on the property, release the original Title Deeds, Lease-cum-sale agreement,




http://www.judis.nic.in
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                      Deed of Mortgage executed, original Allotment order and all other related
                      documents and transfer the title and interest in the name of the petitioner and
                      to execute such documents as may be necessary in favour of the petitioner to
                      the concerned local body/authorities to issue name transfer certificate to
                      MES/CMWSSB/Chennai Corporation, Issue of Notarized Affidavit to The
                      Registrar of Co-operative Society, Issue of Indemnity bond, statement of
                      accounts and No due certificate for the discharged mortgage in respect of
                      property situated at S.No.57/1, Kodingyur Village, Sembium Sub Division (Plot
                      No.124, Union Carbide Colony, 6th Street, Kodingyur, Chennai - 600118).


                                   For Petitioner     : Mr.S.Doraisamy
                                   For Respondents    : Mr.V.Anandhamurthy


                                                        ORDER

The petitioner has come up with this writ petition seeking a direction to the respondents to discharge the mortgage on the property situated at S.No.57/1, Kodingyur Village, Sembium Sub Division (Plot No.124, Union Carbide Colony, 6th Street, Kodingyur, Chennai - 600118), release all the original documents; transfer the title and interest in his name and for consequential relief.

2. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 09.07.2018, to the respondents, claiming http://www.judis.nic.in 3 the same relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the respondents. Hence, this writ petition.

3. The learned standing counsel appearing for the respondents fairly submitted that the respondents would consider the petitioner's representation dated 09.07.2018 on the basis of the documents produced by the petitioner.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the petitioner's representation dated 09.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition stands disposed of. No costs.

22.10.2018 Index: Yes/ No Internet: Yes/No msv http://www.judis.nic.in 4 R.MAHADEVAN, J.

msv To

1.The Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai - 600035.

2. The Executive Engineer (Admin) Tamil Nadu Housing Board, K.K.Nagar Division, Tamil Nadu Housing Board Building, Ashok Nagar, Chennai - 600083.

3. The Manager Sales (M) Services, Tamil Nadu Housing Board, K.K.Nagar Division, Tamil Nadu Housing Board Building, Ashok Nagar, Chennai - 600083.

W.P.No.25657 of 2018

22.10.2018 http://www.judis.nic.in