IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2011 CORAM THE HONOURABLE MR. JUSTICE. R.SUDHAKAR W.P.No.7180 of 2008 and M.P.No.1 of 2008 S.Susheela .. Petitioner Vs 1.State of Tamil Nadu rep.by its Secretary, Housing and Urban Development Department Fort.St.George, Chennai 2.The Managing Director Tamil Nadu Housing Board Nandanam, Chennai 3.The Executive Engineer -cum - Administrative Officer Thirumangalam, Mugapair Division Chennai-101 .. Respondents PRAYER: The Writ Petition filed under Article 226 of the Constitution of India for issue of Writ of mandamus, directing the respondents to issue the order of sale price of the allotment and by receiving the initial deposit following the pre-conditions and procedures as per law in respect of H.I.G.Flat No.14/4, Ambattur within a time frame to be stipulated by this Hon'ble Court. For petitioner : Mr.K.Raja Shrinivas For respondents : Mr.L.S.M.Hasan Fizal Government Advocate for R1 Mr.A.Vijaya Kumar for R2 & R3 O R D E R The writ petition has been filed to direct the respondents to issue the order of sale price of the allotment and by receiving the initial deposit following the pre-conditions and procedures as per law in respect of H.I.G.Flat No.14/4, Ambattur within a time frame to be stipulated by this Hon'ble Court. 2.The petitioner claims that he has been allotted a flat. Since, he did not paid the initial payment, the respondents cancelled the conditional allotment. Further, the cancellation notice was also not served on him. Therefore, he filed the writ petition to receive the https://hcservices.ecourts.gov.in/hcservices/ initial payment and to give allotment of the flat to him. Interim order was passed on 11.04.2008 and it is in force. 3.The respondents have filed a counter affidavit, wherein it is stated as under: "With regard to the averments made in Para-9, it is submitted that the petitioner has failed to make payment of the initial deposit within the time stipulated and thereby the 3rd respondent cancelled the allotment and reported to the 2nd respondent. The flat in question has not been reallotted by the first respondent as on date. Therefore, the petitioner may approach the first respondent for the allotment of this particular flat. With regard to the averments made in Para-10, it is submitted that the Flat in question is still to be re-allotted to any other person by the first respondent. The petitioner may approach the first respondent for re-allotment of the same flat in her name." 4.In view of the above, the petitioner is directed to approach the respondents for appropriate relief. The petitioner is also entitled to make a written request along with the copy of this order in this regard. On such request, the authority shall consider the same in accordance with law. 5.With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar krk To 1.The Secretary, State of Tamil Nadu Housing and Urban Development Department Fort.St.George, Chennai 2.The Managing Director Tamil Nadu Housing Board Nandanam, Chennai https://hcservices.ecourts.gov.in/hcservices/ 3.The Executive Engineer -cum - Administrative Officer Thirumangalam, Mugapair Division Chennai-101 +One CC to Govt.Pleader, SR 9271 + One CC to Mr.A.Vijayakumar, Advocate SR 9043 + One CC to Mr.K.RAja Shrinivas, Advocate 9003 W.P.No.7180 of 2008 KGK(CO) Pks 07/03/2011 https://hcservices.ecourts.gov.in/hcservices/