IN THE IN THE HIGH COURT OF JUDICATURE AT MADRASOF JUDICATU MADRAS Dated: 04.12.2025 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No.24311 of 2025 &

W.M.P.No.27369 of 2025 D.Hamsa Sundaramoorthy ..Petitioner Vs.

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

2. The Executive Engineer Tamil Nadu Housing Board Executive Engineer and Administrative Officer Anna Nagar Division Sales and Office Complex Thirumangalam, Chennai – 600 101 … Respondents Writ Petition filed under Article 226 of Constitution of India for issuance of writ of certiorarified mandamus to quash the letter dated 29.04.2024 bearing referee No.A.NA.KO.07/952/2022 so far as the maintenance issued by the second respondent and direct the second respondent not to demand or collect any maintenance charges from the petitioner until the registered sale deed is executed, possession is handed over and such charges are computed strictly on a pro rata basis as per the Tamil Nadu Apartment Ownership Act, 2022 and Applicable Rules.

For Petitioners ... Mr.K.Suresh Kumar For Respondents ... Mr.D.Veerasekaran Standing counsel for R1 and R2 ------

O R D E R

The petitioner challenges the letter of the second respondent dated

29.04.2024 claiming GST, Corpus fund and maintenance from the petitioner.

2. The case of the writ petitioner is that though he has paid entire sale consideration for purchase of a flat, registration has not been effected in his favour and as far as the GST is concerned, the same is subject matter of writ appeal in W.A.Nos.3124 of 2025 etc., batch and the petitioner is one of the parties in the batch of cases. In the aforesaid order, the Division Bench followed the earlier order passed in W.A.No.2565 of 2025 and the relevant portion of the order passed in the said writ appeal is as follows:

“ 4. In order to balance the convenience of both parties, as an interim arrangement, the following orders are passed: (i) that the Tamil Nadu Housing Board shall execute sale deeds for the remaining writ petitioners / respondents if they are otherwise eligible to get the sale deeds registered in their favour without demanding 5% additional GST. (ii) It is made clear that, ultimately if the Tamil Nadu Housing Board succeeds in the batch of intra Court appeals, whatever the decision to be made by the Court, the parties shall abide by that and in that case, if any decision is taken in favour of Tamil Nadu Housing Board that their demand of additional GST to the extent of maximum 5% is to be collected, the allottees who are going to get the sale deeds executed by virtue of this order shall without any hesitation to make the payment. Only on that condition, the sale deed as directed above shall be executed by the Tamil Nadu Housing Board. Insofar as the direction given in paragraph No.22(ii) for refunding of extra 5% collected from some of the writ petitioners who have already paid 5% additional GST is concerned, that direction alone is hereby stayed. This order shall confine only to the writ petitioners whose cases are covered under the impugned order dated 02.06.2025.”

3. It is the further case of the petitioner that without even executing the sale deed, the respondents are claiming maintenance charges every month from the date of construction of the flat. Hence, the petitioner seeks for a direction not to demand or collect maintenance charges from the petitioner till the sale deed is executed and the possession is handed over to him.

4. The second respondent has filed a counter affidavit. The learned Standing counsel adverting to the counter affidavit submits that the Agreement for Sale of House Flat under Self-Finance Scheme contains 23 clauses. The relevant clauses to the case on hand are Clauses 14 and 21 to

23 which reads a follows:

“14.The purchaser will pay to the vendor on demand management charges, insurance and other outgoings payable in respect of the property to the Government, State or Central respect