IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.06.2017 CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.A No.2361 of 2012 M.P.No.1 of 2012
S.Senthamarai ...Appellant Vs
1. Tamilnadu Housing Board Represented by its Chiarman-cum- Managing Director, Nandanam, Anna Salai, Chennai - 600 035.
2. The Executive Engineer and Administrative Officer, Besant Nagar Division, Tamil Nadu Housing Board, Besant Nagar, Chennai - 600 090.
3. J.Vijayakumaran ...Respondents Prayer:- Writ Appeal filed under clause 15 of the Letter Patent against the order dated 28.08.2012 made in W.P.No.19692 of 2012.
For Appellant : Ms.M.Chithira Gomathy For Respondents : Mr.K.Venkatramani Additional Advocate General Assisted by Mr.V.Anandhamurthy for R1 and R2 Mr.Dhalapathy Vignesh for M/s.M.Sriram for R3 J U D G M E N T
K.K. SASIDHARAN,J.
This intra court appeal is directed against the order dated 28 August, 2012 in W.P.No.19692 of 2012, whereby and where under, the learned single Judge confirmed the order passed by Tamil Nadu Housing Board, dated 12 July, 2012, taking into account the earlier proceedings in O.S.No.104 of 1996 on the file of the VI Assistant City Civil Judge, Chennai, the related proceedings in A.S.No.197 of 2002 on the file of II Additional Judge, City City Court, Chennai and the judgment in S.A.No.843 of 2004.
2. The appellant lost the litigation before the Trial Court and thereafter before two Courts, including this Court. Subsequently, she filed Special Leave Petition before the Hon'ble Supreme Court. The Special Leave Petition was also dismissed.
3. The Tamil Nadu Housing Board took a decision to execute the Sale Deed in the name of the third respondent. The Board also agreed to indicate the factual position that the appellant is having life interest in the property.
4. We direct the Tamil Nadu Housing Board to execute the Sale Deed in the name of the third respondent The Sale Deed should specifically indicate that the appellant is having life interest in the property. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. We make it clear that the life interest granted to the appellant shall be protected by the Tamil Nadu Housing Board and by the third respondent.
5. The writ appeal is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
svki (K.K.SASIDHARAN.,J.) (M.DHANDAPANI.,J.) 29 June 2017 To
1. The Chiarman-cum- Managing Director, Tamilnadu Housing Board Nandanam, Anna Salai, Chennai - 600 035.
2. The Executive Engineer and Administrative Officer, Besant Nagar Division, Tamil Nadu Housing Board, Besant Nagar, Chennai - 600 090.
K.K.SASIDHARAN,J.
and M.DHANDAPANI,J.
(svki)
W.A No.2361 of 2012
29.06.2017