IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :12.03.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.1018 and 1020 of 2025 W.P.No.1018 of 2025:

S.Mahalakshmi, D/o K.A.Sankarasivam, No.14/2A, Second Cross Street, Anna Nagar West, Vellore-632 001. .. Petitioner /versus/

1.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai 600 107.

2.The Manager, Marketing & Service, Besant Nagar Division, Tamil Nadu Housing Board (TNHB)

48, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020. .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to th execute the sale deed in respect of Flat No.MIG-II-08/42 at the 7 floor, Sholinganallur Phase-II in favour of the petitioner and refund the excess amount of paid by the petitioner to the second respondent towards the cost th of the Flat No.MIG-II-08/42 at the 7 floor, Sholinganallur Phase II together with interest. W.P.No.1020 of 2025 Mr.Ramesh Shanmugam, S.o late Shanmugam, Old No.2, New No.3, 2nd Avenue, Shastri Nagar, Chennai 600 020. .. Petitioner /versus/

1.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai 600 107.

2.The Manager, Marketing & Service, Besant Nagar Division, Tamil Nadu Housing Board (TNHB)

48, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020. .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to th execute the sale deed in respect of Flat No.MIG-II-10/54 at the 9 floor, Sholinganallur Phase-II in favour of the petitioner and refund the excess amount paid by the petitioner to the second respondent towards the cost of th the Flat No.MIG-II-10/54 at the 9 floor, Sholinganallur Phase II together with interest.

For Petitioner :Mr.Shivakumar(both cases)

For Respondents :Mr.D.Veerasekaran, Standing Counsel (TNHB) for R1 and R2 (both cases)

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COMMON ORDER These two writ petitions are connected and, as such, are taken up and disposed of by a common order.

2. To refer to the facts in one case, specifically the case of S. Mahalakshmi in W.P. No. 1018 of 2025, the petitioner applied for the allotment of Middle Income Group Flat No. MIG II from the respondents, the Housing Board, through application No. 100141, dated 11.09.2014. At the time of the application, the petitioner opted for a hire purchase scheme. It is specifically stated in the application itself that if the flat is allotted, the individual will abide by the Rules of the Housing Board and execute a lease- cum-sale agreement. Following this application, the petitioner was informed by a communication dated 22.01.2010 that she was selected for the th allotment of MIG Flat No. MIG-II-8/42 on the 7 floor at Sholinganallur Phase-II under the hire purchase mode as per the lottery held on 07.01.2016. An allotment order was subsequently issued regarding the flat, which explicitly states that it is under the hire purchase mode. The tentative cost of the flat was set at Rs. 40,64,000/-. Furthermore, it was communicated that 25% of the flat cost, amounting to Rs. 10,16,000/-, must be paid within 30 days, and the remainder shall be paid in installments after executing the lease-cum-sale agreement. The petitioner paid the initial deposit of Rs. 10,16,000/-, but she did not fulfill her further obligations of executing the lease-cum-sale agreement and commencing the payment of the 120 monthly installments spread over 10 years at an interest rate of 10.50% per annum.

3. Accordingly, further communication was issued to the petitioner on

27.04.2018, stating that the monthly instalment would be Rs. 41,340/- and must be paid on or before the 10th of each month starting from April 2018. It was also stipulated that failure to pay the said amount would incur penal interest at a rate of 18.00%. In this circumstance, the petitioner approached the responde