IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR S.Sakthivel ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Housing Board, Koyambedu, Chennai – 107.

2.The Executive Engineer /

Administrative Officer, Tamil Nadu Housing Board, Sampath Nagar, Erode – 11.

3.M.S.Dharani ... Respondents [R3 suo motu impleaded vide order dated 30.07.2025 made in W.P.No.16001 of 2025]

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to execute the sale deed in so far as it relates to the petitioner’s Plot situated at Plot No.MIG 254, to the extent of 1441 sq.ft., Muthampalayam Phase No.8, Erode and hand over the sale deed to the petitioner.

For Petitioner : Mr.C.Prakasam For R1 and R2 : Mr.D.Veerasekaran Standing Counsel For R3 : Ms.S.Pavithra

O R D E R

The petitioner seeks a direction to the respondents 1 and 2 to execute the sale deed in so far as it relates to the petitioner’s plot situated at Plot No.MIG 254, to the extent of 1441 sq.ft., Muthampalayam Phase No.8, Erode and hand over the sale deed to the petitioner.

2.It is the case of the petitioner that he was allotted a plot in Plot No.MIG 254, to the extent of 1441 sq.ft., Muthampalayam Phase No.8, Erode. According to the petitioner, he has paid the entire cost of Rs.13,32,780/-. It is the contention of the petitioner that, since there was a quarrel between the petitioner and his wife/3^rd respondent, the 3^rd respondent/wife left the matrimonial home and she is now residing in her parent’s house. In the year 2020, the petitioner’s wife has approached the respondents and got allotment of a plot in MIG Plot No.219 under EMI Scheme in the same Muthampalayam Phase No.8, Erode, and subsequently, after paying the entire amount, a sale deed has also been executed in the name of his wife/3^rd respondent. Having paid the entire cost, when the petitioner approached the respondents seeking to execute the sale deed in his favour in respect of Plot No.MIG 254, the 2^nd respondent informed the petitioner that the petitioner's wife has already been allotted with a plot and sale deed has been executed in her name and hence, sale deed cannot be executed in the name of the petitioner. Aggrieved by the same, the petitioner gave several representations to the respondents, last representation being given on 29.01.2025, to execute the sale deed in the name of the petitioner. However, there is no action on the part of the respondents 1 and 2. Therefore, the petitioner has come forward with the present writ petition.

3.The respondents 1 and 2/Housing Board, in their counter affidavit, have admitted that the petitioner was allotted a plot in Plot No.MIG 254 in Muthampalayam Phase No.8, Erode, by order dated 03.07.2018, for the cost of Rs.11,09,900/- for an extent of 1441 sq.ft. It is further stated that, though the petitioner has paid the full cost of Rs.13,32,780/-, before execution of the sale deed, it was found that the petitioner's wife, namely M.S.Dharani, has already obtained a sale deed for MIG Plot No.219 under the same Muthampalayam Phase No.8, Erode, on 21.11.2020 and the same is also obtained under the Government employee category. Further, she has also given a declaration stating that she does not own any house in her name or her husband's name, i.e., the writ petitioner. The Board Resolution No.42, dated 30.07.1982, provides as follows :

“

In respect of persons who are ineligible to secure allotment from TNHB and who have manipulated to secure TNHB allotments by suppressing the fact of their owning property already either in their names or in the name of spouse/minor children, the immediate casualty shall be cancellation of allotment (2^nd allotment) with forfeiture of the initial deposit amount. In addition the following amount shall be collected from them.

A) In respect of flats/houses interest charges for the 3/4^th cost from the date of ready for occupation t