Madras High Court

WP(MD)/3348/2026 of Durai Singh Vs The Managing Director on 28 October 2026

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WP(MD) No. 3348 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28-10-2026

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR

RAMAMOORTHY

WP(MD) No. 3348 of 2026

CNR:{HCMD010163022026}

Durai Singh

S/o.Late Kanagaraj, Door No.4, SPR Nagar 2nd Street, Chettinayakkanpatti Village, Dindigul District.

..Petitioner(s)

Vs

1. The Managing Director

Tamilnadu Housing Board, Chennai -35

2. The Executive Engineer/Administrative Officer, Tamilnadu Housing Board, Trichy Housing Unit, Kajamalai Colony, Trichy.

3. The Junior Engineer,

Tamilnadu Housing Board, Trichy Housing Unit, Trichy.

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents to execute the Sale Deed in the Petitioners favour in respect of Plot No.M-78 in Karur Senaipiratty Phase II stage II in S.No.1404/1B1, Senaipiratty Village, Karur Taluk and District as per the allotment order dated 20/01/2012 in favour of the Petitioners mother Chandra and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice

WP(MD) No. 3348 of 2026

For Petitioner(s)

:Mr.G.Prabu Rajadurai

for M/s Selva Aditya S

For Respondent(s)

:Mr.M.Suresh, Standing Counsel

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ORDER

The Tamil Nadu Housing Board formed a layout in Senaipiratty Village, Karur District. An allotment was made in favour of the petitioner's mother on 20.01.2012. The total sale consideration for the plot was fixed at Rs.4,96,958/-. The possession of the plot was handed over to the petitioner's mother on 22.03.2012. After making payments towards the sale consideration, the petitioner's mother sent a representation on 20.11.2018 requesting that a sale deed be executed in her favour. After the death of the petitioner's mother on 24.01.2021, the petitioner has approached this Court seeking a direction for the execution of a sale deed in his favour.

2. Learned counsel for the petitioner relies on the allotment order, the possession transfer certificate and proof of payment to contend that all amounts due and payable were paid by the petitioner. Turning to the counter-affidavit, he submits that the respondent is refusing to register the sale deed on the ground that the original allotment was made to one

WP(MD) No. 3348 of 2026 V. Palanivel. He points out that said Palanivel or his legal heirs have not objected to the execution of a sale deed in favour of the petitioner. He also submits that no action was taken regarding the alleged unlawful allotment since 2012 until the petitioner requested for the execution of the sale deed.

3. Learned Standing Counsel for the Tamil Nadu Housing Board submits that the allotment was made fraudulently by the then Junior Engineer, Udaya Kumar, in spite of the fact that the application was made by Mr.V.Palanivel and not by Mrs.Chandra. He adds that the Junior Engineer does not have the administrative authority to issue land allotment orders to allottees.

4. The petitioner has included in the paper book the allotment order issued on 20.01.2012, the possession transfer certificate issued on 23.03.2012 and proof of payments being made by the petitioner's mother to the Tamil Nadu Housing Board. In the counter-affidavit, the Housing Board admits receipt of payments, including the receipt of a sum of Rs.6,62,910/-.

WP(MD) No. 3348 of 2026

5. The counter-affidavit also records that the Junior Engineer against whom allegations are made by the Tamil Nadu Housing Board passed away and said affidavit does not record as to what action was taken against him. It also appears that Mr.V.Palanivel has not raised any objections regarding the allotment to Mrs.Chandra.

6. Considering the above facts and circumstances, this writ petition is disposed of on the following terms:

(i) The Tamil Nadu Housing Board is directed to execute a sale deed in favour of the petitioner after confirming that the petitioner is the sole legal heir of Mrs.Chandra. If it transpires that there are other Class I legal heirs, the sale deed shall be executed in the name of all the Class I legal heirs.

(ii) The petitioner shall pay amounts, if any, outstanding to the Tamil Nadu Housing Board as per the terms and conditions of allotment and make the necessary payments towards stamp duty and registration fees.

WP(MD) No. 3348 of 2026

(iii) The above process shall be concluded within a maximum period of three months from the date of receipt of a copy of this order. No costs. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PKN To

1. The Managing Director Tamilnadu Housing Board, Chennai -35

2. The Executive Engineer/Administrative Officer Tamilnadu Housing Board, Trichy Housing Unit, Kajamalai Colony, Trichy

3. The Junior Engineer Tamilnadu Housing Board, Trichy Housing Unit, Trichy

WP(MD) No. 3348 of 2026 SENTHILKUMAR RAMAMOORTHY, J. PKN WP(MD) No. 3348 of 2026 28-10-2026

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