Synopsis

This judgment by a Division Bench of the Madras High Court disposes of a writ appeal filed by the Tamil Nadu Housing Board challenging a previous writ order. The case involves a long-standing dispute over the allotment of a house to a respondent who had defaulted on payments. The allotment was cancelled in 1997, and subsequent attempts by the respondent to secure restoration were met with partial success. The court, while noting the chronic default of the respondent and the fact that the cancellation orders remained unchallenged, adopted an equitable approach. It directed the respondent to pay the balance outstanding amount (after adjusting a substantial payment already made) by a stipulated date, failing which the cancellation would be confirmed and the amount paid would be refunded by the Housing Board.

1. Heading for the judgment

Citation: The Executive Engineer And Administrative Officer, Tamil Nadu Housing Board v. K. Subramanian, WA No. 300 of 2023, decided on 23.03.2026 (Madras High Court - DB)
Coram: Hon'ble Mr. Justice S. M. Subramaniam and Hon'ble Mr. Justice K. Surender (Division Bench)
Core Law: Housing Board Allotment Rules, Contract Law, Principles of Equity.

Madras High Court directs payment of balance dues to restore cancelled housing board allotment; failure to pay will result in confirmation of cancellation and refund of amount paid.

2. Legal framework

This judgment involves the principles governing cancellation of allotments by statutory housing boards and the application of equitable relief.

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