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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE D.BHARATHA CHAKRAVARTHY, J
Gem Stone Beach Resort Pvt. Ltd. – Appellant
Versus
State Of Tamil Nadu – Respondent
ORDER :
This writ petition is filed for a writ of mandamus directing the second respondent, namely, the Tamil Nadu Housing Board represented by its Chairman & Managing Director, to consider the petitioner’s representation dated 01.04.2024 and to direct the second and third respondents to execute the sale deed in favour of the petitioner.
2. The case of the petitioner is that the third respondent, P.Rajamani, was working as a manager in the petitioner company, namely Gem Stone Beach Resort Private Limited, for a few years. The Tamil Nadu Housing Board, the second respondent herein, had allotted a flat bearing No. H.39/F1, Sea Shore Apartment, situated at Thiruvanmiyur, Chennai on 14.06.1995, vide its Allotment Order No. B6/10592.H/94 in the name of the third respondent on behalf of the petitioner company. The petitioner company had great trust over the third respondent, and it accepted the aforesaid allotment in the name of the third respondent. The petitioner company had paid all the instalments to the Tamil Nadu Housing Board, the second respondent, by way of cheques from the period 17.02.1999 to 13.05.2002 without any default. The third respondent, P.Rajamani, had appointed the Man
Corporate entities must apply directly for property allotments; claims based on fraudulent misrepresentation are barred under the Prohibition of Benami Property Transactions Act.
No right to alternative plot from Housing Board for fraudulent purchase pending criminal proceedings; approach civil court for fraud remedy.
Supreme Court order binding on flat buyers; excluded buyers cannot seek writ relief for title conveyance.
A Sale Agreement does not constitute property interest until a Sale Deed is executed; hence, it is not void due to alleged statutory prohibitions against alienation.
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