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2012 DIGILAW 34 (MAD)

P. Paulraj (deceased) v. The Commissioner, Virudhunagar Municipality

2012-01-03

R.SUDHAKAR

body2012
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus directing the respondent to execute the sale deed in respect of the house bearing No.2, LIG Colony, Virudhunagar in favour of the petitioner. 2. Heard Mr.P.Santoshkumar, learned counsel appearing for the petitioner and Mr.M.Liagat Ali, learned counsel appearing for the respondent. 3. The petitioner P.Paulraj working in the office of the respondent Municipality claimed assignment of house bearing Door No.2, L.I.G. Colony, Virudhunagar, by way of sale. By order dated 24.8.2000 in W.P.No.14953 of 1993, this Court passed the following order:- "5) Learned counsel for the Municipality has argued that the house was not allotted to him as he did not belong to the low income group. But there was no substance in his contention as the Municipality itself has taken the resolution to allot and to sell the house to the petitioner. 6) Under the above circumstances, it would be proper if a direction is issued to the first respondent to allot a house bearing No.2, Low Income Group, Virudhunagar to the petitioner on his compliance of all the formalities within a period of three months from the date of receipt of the order. 7) With the above observation, the writ petition is allowed. Consequently, connected W.M.P. is closed. No costs. 8) However, it is made clear that it should not be a precedent in the future cases." That order was not challenged by the respondent herein for quite sometime. Thereafter, an application was filed for condonation of delay in C.M.P.No.1404 of 2001 in Writ Appeal SR No.7455 of 2001, which came to be dismissed by the First Bench of this Court on 30.6.2011. Therefore, the earlier order dated 24.8.2000 has become final. The present writ petition is filed by the legal heir of the said Paulraj, who died pending the present writ petition for execution of sale deed in respect of the above stated house. 4. Therefore, the earlier order dated 24.8.2000 has become final. The present writ petition is filed by the legal heir of the said Paulraj, who died pending the present writ petition for execution of sale deed in respect of the above stated house. 4. Though a detailed counter-affidavit has been filed by the respondent stating that the petitioner or the legal heirs are not eligible for the allotment, in view of the earlier order passed by this Court in W.P.No.14953 of 1993 dated 24.8.2000 and the condone delay application C.M.P.No.1404 of 2001 in Writ Appeal SR No.7455 of 2001 being dismissed on 30.6.2011, the earlier order has become final and therefore, the respondent has no other option except to comply with the earlier order and consequently the writ petition filed for execution of sale deed is justified. 5. In view of the earlier order of this Court dated 24.8.2000 passed in W.P.No.14953 of 1993, the Writ Petition is allowed and the respondent is directed to comply with the order within six weeks from the date of receipt of a copy of this order, subject to the petitioner complying with all required formalities. The Writ Petition is ordered as above. No costs.