Madras High Court
WP/39173/2026 of D.SIDDHARATH Vs The Government of Tamilnadu on 7 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 39173 of 2026
CNR:{HCMA012310932026}
D.Siddharath
..Petitioner(s)
Vs
1. The Government of Tamilnadu
Rep by its Secretary to Government
Housing and Urban Development Department Fort St.George, Chennai-600 009
2. The Chairman and Managing Director
Tamilnadu Housing Board
Nandanam
Chennai-600 035
3. The Executive Engineer cum
Administrative Officer
Tamilandu Housing Board
Iyyanthirumalagai Road
Salem-636 008
4. The Executive Engineer cum
Administrative Officer
Thiyaki Kumaran Salai
Sampath Nagar,
Collectorate Post
Erode-638 011
..Respondent(s)
Prayer:
This writ petition is filed under Article 226 of the Constitution of India, seeking writ of mandamus directing the second respondent to re-fund a
sum of Rs.6,63,669/- paid by N.Raju (deceased) on 03.9.1997 and 23.02.1998
then the writ petitioner in W.P.No.20219 of 1994 and as per the order in WA
No.1690 of 2002 and W.P.No.4873 of 1999 dated 29.1.2010 with interest of 6
percentage by considering the representation of the petitioner dated 09.03.2026.
For Petitioner(s):
Mr. K.A.Vimalkumar
For Respondent(s):
Mr. M.Senthamizh Selvan
Additional Government Pleader
R1
Mr. D.Veerasekaran
Standing Counsel
R2
Mr. S.Ramachandran
Standing Counsel
R3 & R4
Citations and Judicial Treatment
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Order
This writ petition is filed for the following relief: “To direct the second respondent to re-fund a sum of Rs.6,63,669/- paid by N.Raju (deceased) on 03.9.1997 and 23.02.1998 then the writ petitioner in W.P.No.20219 of 1994 and as per the order in WA No.1690 of 2002 and W.P.No.4873 of 1999 dated 29.01.2010 with interest of 6 percentage by considering the representation of the petitioner dated 09.03.2026.”
2. The subject property was originally purchased by the petitioner’s father-in-law, one Raju vide sale deed dated 05.11.1986. The petitioner would submit that the land was purchased without the knowledge that the land was notified for acquisition. Therefore, he requested the authorities to allot the said land in favour of M/s.Sara Traders for running a paper mill.
3. The said Raju filed WP.No.20219 of 1994 for allotment of land after payment of development charges. This Court by order dated 17.10.2001 directed the TNHB to collect the development charges from him and hand over possession of the land. As against this order, the TNHB filed an appeal in WA.No.1690 of 2002.
4. Meanwhile, the said Raju filed WP.No.4873 of 1999 to quash the proceedings dated 16.10.1998 pertaining to re-fixation of land cost at the commercial cost for the land of Rs.2,57,14,931/- including development charges of Rs.6,63,649/- as already paid by him. Pending the said appeal and the petition, the said Raju died on 14.12.2002. Thereafter, the petitioner’s husband, Dhanapalan as a sole legal heir of the said Raju continued the litigations.
5. The appeal filed by the TNHB in WA.No.1690 of 2002 and the petition filed in WP.No.4873 of 1999 were tried together. The Division Bench of this
Court by judgement dated 29.01.2010 allowed the appeal filed by the TNHB and dismissed the petition filed by the said Raju. However, liberty was granted to the petitioner make an application to the respondent board for refund of a sum of Rs.6,63,669/- with interest at 6 % from the date of application. Thereafter, the petitioner’s husband made several representations to the board seeking refund of the said amount. On 28.03.2022, the petitioner’s husband also died due to his ill health. Thereafter, the petitioner made a representation dated 09.03.2026 with all necessary documents. However, there is no response. Therefore, the petitioner is before this Court.
6. The Division Bench of this Court in WP.No.4873 of 1999 has passed the following order: “ WP.No.4873 of 1999 is dismissed. However, the writ petitioner is at liberty to make an application to the housing board for refund of the amount of Rs.6,63,669/- paid by the writ petitioner. On such application is being made by the writ petitioner, the housing board shall refund the said amount within a period of eight weeks from the date of receipt of the application with interest at the rate of %.”
7. In view of the facts and circumstances of the case and taking note of the undisputed position that the Division Bench of this Court had already granted liberty to seek a refund of the amount, the inaction on the part of the respondent board in keeping the petitioner's representation pending indefinitely cannot be countenanced. The petitioner cannot be made to run from pillar to post for a refund that has already been judicially sanctioned.
8. Accordingly, this writ petition is allowed. The 2nd respondent shall positively make the payment together with interest as directed and report compliance to this Court on 30.10.2026. No costs.
9. Post this matter on 30.10.2026 under the caption “For Reporting Compliance”. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN
To
1. The Government of Tamilnadu Rep by its Secretary to Government Housing and Urban Development Department Fort St.George, Chennai-600 009
2. The Chairman and Managing Director Tamilnadu Housing Board Nandanam Chennai-600 035
3. The Executive Engineer cum Administrative Officer Tamilandu Housing Board Iyyanthirumalagai Road Salem-636 008
4. The Executive Engineer cum Administrative Officer Thiyaki Kumaran Salai Sampath Nagar, Collectorate Post Erode-638 011
P.T.ASHA J. KAN WP No. 39173 of 2026 07-10-2026