IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP Nos. 28163 & 28164 of 2023 Lay Apostolate Divine Word Society Rep. by its Secretary Binny Lawrence No.803, 63rd Street, 10th Sector, K.K. Nagar, Chennai - 600 078.

..Petitioner Vs

1. The Principal Secretary to the Government Housing and Urban Development Department, Secretariat, Fort St George, Chennai - 600 009.

2. The Managing Director Tamil Nadu Housing Board, Nandanam, Chennai - 600 034.

3. The Executive Engineer and Administrative Officer, K.K. Nagar Division, Tamil Nadu Housing Board Ashok Nagar Shopping Centre, Chennai - 600 083.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records direction pertaining to Proceedings No. Allot 1(5)/22252/2022, dated 22.08.2023, issued by the 2^nd respondent and quash the same as arbitrary and illegal and direct the respondents Nos.2 and 3 to execute a sale deed in favour of the petitioner’s Society in respect of Plot No.21, measuring 8466sq.ft (3 grounds and 1266 sq.ft) which is part of Survey No.55/1A and 1B, located in Kamarajar Salai, K.K.Nagar, Chennai-600 078, for the purpose of establishing and operating a public charitable dispensary and pass orders.

For Petitioner: Mr.N.L.Rajah, Senior Counsel Assisted by Mr.D.Ferdinand of M/s.BFS Legal For Respondents: Mr.V.Jeevagiridharan Additional Government Pleader for R1 Mr.D.Veerasekaran, Standing Counsel [TNHB]

for R2 & R3

ORDER

The petitioner seeks to quash the proceedings of the second respondent dated 22.08.2023, and consequently to direct the respondents 2 and 3 to execute the sale deed in favour of the petitioner Society in respect of the subject property.

2.The short facts are as follows :

a) The petitioner-Society is a voluntary service organisation, established in the year 1981, with an object of serving the needy and deserving community.

b) The petitioner Society was provisionally allotted a vacant cement godown in Kamaraj Salai, K.K.Nagar, Chennai, measuring an extent of 8,466 sq.ft., at the cost of Rs.6,84,335/-. The allocation was made by the Tamil Nadu Housing Board, the 3^rd respondent, in the year August 1993 and the petitioner-Society was required to pay 25% of the allotted plot amount of Rs.1,72,000/-, which was also promptly complied by the petitioner, through two cheques dated 19.08.1993. Thereafter, Lease-cum-Sale Agreement was executed by the 3^rd respondent in favour of the petitioner-Society.

c) However in the year 1993, some third parties have filed W.P.Nos.16791 and 16820 of 1993, to cancel the allotment order given in the name of the petitioner-Society. However, the said writ petitions came to be dismissed on 11.07.2003.

d) The petitioner would submit that they have been paying the monthly instalments and the balance amount due to the respondents was paid by the petitioner-Society and the last of which was paid by cheque dated 05.11.2003 for a sum of Rs.9,540/-. Since the entire sum had been paid, the petitioner-Society sent a letter on 04.12.2003 to the 1^st respondent stating the entire sale consideration had been paid and no amount was payable.

e) The physical possession of the property was handed over to the petitioner-Society as early as on 26.08.1993 and to date, it is being maintained and protected by the petitioner-Society. Since the sale deed had not been executed for the subject property, the petitioner was unable to put up a construction.

f) Despite petitioner’s representations dated 04.12.2003, 12.01.2004, 05.05.2004 and 24.08.2004, the sale deed was not executed by the respondents. Therefore, the petitioner-Society had filed W.P.No.35947 of 2004 before this Court, to direct the respondents 2 and 3, to consider the above representations and pass orders. The Court had allowed the writ petition on 08.12.2004, directing the respondents to pass appropriate orders within 18 weeks.

g) The second respondent i