Madras High Court
A.Madhu vs The Tamil Nadu Housing Board on 11 January, 2011
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.1.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition Nos.42098 to 42115 of 2006 A.Madhu ... Petitioner in W.P.No.42098 of 2006 V.Srikanth ... Petitioner in W.P.No.42099 of 2006 S.Nithyanandan ... Petitioner in W.P.No.42100 of 2006 V.Saravanan ... Petitioner in W.P.No.42101 of 2006 J.Lakshmi Narayanan ... Petitioner in W.P.No.42102 of 2006 K.Bharathan ... Petitioner in W.P.No.42103 of 2006 N.Sekar ... Petitioner in W.P.No.42104 of 2006 P.Vijayalakshmi ... Petitioner in W.P.No.42105 of 2006 S.Pandian ... Petitioner in W.P.No.42106 of 2006 G.Arulmurugan ... Petitioner in W.P.No.42107 of 2006 M.Balasundaram ... Petitioner in W.P.No.42108 of 2006 K.V.Natarajan ... Petitioner in W.P.No.42109 of 2006 R.Saravanan ... Petitioner in W.P.No.42110 of 2006 J.Narasimhan ... Petitioner in W.P.No.42111 of 2006 N.Subramani ... Petitioner in W.P.No.42112 of 2006 D.Vedhamanickam ... Petitioner in W.P.No.42113 of 2006 H.N.Anand ... Petitioner in W.P.No.42114 of 2006 K.Baskar ... Petitioner in W.P.No.42115 of 2006 Vs 1.The Tamil Nadu Housing Board, Rep.by its Chairman, Nandanam -Chennai. 600 035. 2.The Executive Engineer & Administrative Officer, Tamil Nadu Housing Board, Hosur Housing Unit, Bagalur Road, Hosur-635 109. Krishnagiri District. ... Respondents in all W.P.'s Prayer in W.P.No.42098 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/6473/02 dt.22.08.06 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42099 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/3070/05 dt.23.08.06 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42100 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/580/05 dt.23.08.06 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42101 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/6146/05 dt.23.08.06 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42102 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/2979/05 dt.23.08.06 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42103 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/2172/05 dt.23.082006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the demand notice from the petitioner. Prayer in W.P.No.42104 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/3055/05 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the demand notice from the petitioner. Prayer in W.P.No.42105 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/4180/04 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42106 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/2755/05 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42107 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/5858/05 dt.25.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42108 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/3069/05 dt.05.09.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42109 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/2754/05 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42110 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/1599/05 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42111 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/5796/03 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42112 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/6871/05 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42113 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/2761/05 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42114 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/3766/05 dt.25.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. Prayer in W.P.No.42115 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the second respondent's letter No.H.R1/2762/05 dt.23.08.2006 and quash the same and consequently direct the respondents 1 and 2 to refrain from collecting the excess charges and interest thereon mentioned in the above demand notice from the petitioner. For petitioner : Mr.P.Srinivas (in all W.P.'s) For respondents : Mr.A.Vijayakumar (in all W.P.'s) C O M M O N O R D E R
The main contention of the learned counsel for the petitioners is that the impugned demand letters had been issued, on behalf of the Tamil Nadu Housing Board, asking the petitioners to pay the additional 25% development cost,without giving an opportunity of hearing to the petitioners. Therefore, he had prayed that this Court may be pleased to set aside the said demand letters, issued to the petitioners and direct the second respondent to pass appropriate orders, in respect of the amounts liable to be paid by the petitioners, if any, as developmental cost, after giving them an opportunity of hearing.
2.The learned counsels appearing on behalf of the respondents had not been in a position to show that the petitioners had been given an opportunity of hearing, before the impugned demand letters had been issued.
3.In such circumstances, the impugned demand letters M.JAICHANDREN,J arr are set aside and the matter is remitted back to the second respondent, to pass appropriate orders, on merits and in accordance with law, with regard to the additional developmental cost to be paid to the petitioners, after giving them an opportunity of hearing. The second respondent shall pass such orders, as expeditiously as possible.
These Writ Petitions are ordered accordingly. No costs.
11.01.2011 Index : Yes/No Internet : Yes/No To: 1.The Tamil Nadu Housing Board, Rep.by its Chairman, Nandanam -Chennai. 600 035. 2.The Executive Engineer & Administrative Officer, Tamil Nadu Housing Board, Hosur Housing Unit, Bagalur Road, Hosur-635 109. Krishnagiri District. Writ Petition Nos.42098 to 42115 of 2006