Madras High Court
R.Chandra vs The Government Of Tamil Nadu on 19 July, 2011
Author: R.Sudhakar
Bench: R.Sudhakar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19/07/2011
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
W.P.(MD)No.6153 of 2011
W.P.(MD)No.6154 of 2011
W.P.(MD)No.6155 of 2011
W.P.(MD)No.6156 of 2011
and
M.P(MD)Nos.1 of 2011 (in all petitions)
W.P.(MD)No.6153 of 2011:
R.Chandra ... Petitioner
Vs.
1.The Government of Tamil Nadu,
represented by its Secretary,
Housing Unit and Urban Development
Department,
Secretariat, Chennai.
2.The Managing Director,
Tamil Nadu Housing Board,
No.331, Anna Salai,
Nandanam,
Chennai - 600 035.
3.The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Tirunelveli Housing Unit,
Sivanthipatty Road,
Tirunelveli - 627 011. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of Certiorarified Mandamus to call for the records in
pursuance of the order passed by the third respondent in Letter No.R4/VMC/11
dated 13.03.2011 and quash the same and direct the respondents to recalculate
the interest at par with the Rani Mangammal Colony, Dindigul District and
Madurai, Ellisnagar TNHB Colony allottees by giving affordable opportunity to
the petitioner and to provide sale deed to her.
!For Petitioner ... Mr.A.Haja Mohideen
^For Respondents... Mr.TR.Janarthanam,
Addl. Govt. Pleader for R.1
Mr.A.Kannan for R.2 and R.3
* * * * *
W.P.(MD)No.6154 of 2011:
D.Raja Sundarsingh ... Petitioner
Vs.
1.The Government of Tamil Nadu,
represented by its Secretary,
Housing Unit and Urban Development
Department,
Secretariat, Chennai.
2.The Managing Director,
Tamil Nadu Housing Board,
No.331, Anna Salai,
Nandanam,
Chennai - 600 035.
3.The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Tirunelveli Housing Unit,
Sivanthipatty Road,
Tirunelveli - 627 011. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of Certiorarified Mandamus to call for the records in
pursuance of the order passed by the third respondent in Letter No.R4/VMC/11
dated 10.03.2011 and quash the same and direct the respondents to recalculate
the interest at par with the Rani Mangammal Colony, Dindigul District and
Madurai, Ellisnagar TNHB Colony allottees, Phase V Palayamkottai allottees and
to provide the sale deed by giving affordable opportunity to the petitioner.
For Petitioner ... Mr.A.Haja Mohideen
For Respondents ... Mr.TR.Janarthanam,
Addl. Govt. Pleader for R.1
Mr.A.Kannan for R.2 and R.3
* * * * *
W.P.(MD)No.6155 of 2011:
A.Selvakumar ... Petitioner
Vs.
1.The Government of Tamil Nadu,
represented by its Secretary,
Housing Unit and Urban Development
Department,
Secretariat, Chennai.
2.The Managing Director,
Tamil Nadu Housing Board,
No.331, Anna Salai,
Nandanam,
Chennai - 600 035.
3.The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Tirunelveli Housing Unit,
Sivanthipatty Road,
Tirunelveli - 627 011. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of Certiorarified Mandamus to call for the records in
pursuance of the order passed by the third respondent in Letter No.R4/VMC/11
dated 13.03.2011 and quash the same and direct the respondents to recalculate
the interest at par with the Rani Mangammal Colony, Dindigul District and
Madurai, Ellisnagar TNHB Colony allottees by giving affordable opportunity to
the petitioner and to provide sale deed to her.
For Petitioner ... Mr.A.Haja Mohideen
For Respondents ... Mr.TR.Janarthanam,
Addl. Govt. Pleader for R.1
Mr.A.Kannan for R.2 and R.3
* * * * *
W.P.(MD)No.6156 of 2011:
S.Murugesan ... Petitioner
Vs.
1.The Government of Tamil Nadu,
represented by its Secretary,
Housing Unit and Urban Development
Department,
Secretariat, Chennai.
2.The Managing Director,
Tamil Nadu Housing Board,
No.331, Anna Salai,
Nandanam,
Chennai - 600 035.
3.The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Tirunelveli Housing Unit,
Sivanthipatty Road,
Tirunelveli - 627 011. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of Certiorarified Mandamus to call for the records in
pursuance of the order passed by the third respondent in Letter No.R4/VMC/11
dated 13.03.2011 and quash the same and direct the respondents to recalculate
the interest at par with the Rani Mangammal Colony, Dindigul District and
Madurai, Ellisnagar TNHB Colony allottees, Phase V Palayamkottai allottees and
to provide the sale deed by giving affordable opportunity to the petitioner and
to provide sale deed to him.
For Petitioner ... Mr.A.Haja Mohideen
For Respondents ... Mr.TR.Janarthanam,
Addl. Govt. Pleader for R.1
Mr.A.Kannan for R.2 and R.3
* * * * *
:COMMON ORDER
W.P(MD)Nos.6153 to 6156 of 2011 have been filed to call for the records in pursuance of the order passed by the third respondent in Letter No.R4/VMC/11 dated 13.03.2011 and 10.03.2011 respectively and quash the same and direct the respondents to recalculate the interest at par with the Rani Mangammal Colony, Dindigul District and Madurai, Ellisnagar TNHB Colony allottees and Phase V Palayamkottai allottees by giving affordable opportunity to the petitioner and to provide sale deed to her.
2. All these writ petitions relate to allotment of house and plot by the respondent Housing Board under the V.M.Chathram Housing Scheme. This Court, by order dated 15.07.2011, made in W.P(MD)Nos.7430 of 2011 and batch, granted certain reliefs to the petitioners therein. The present batch of writ petitions fall under the same category and the petitioners are entitled to the same relief as in the above writ petitions. The said order reads as follows:
"14. Drawing the same analogy to the present case, the Board's resolution even as per the counter affidavit and the copy of the resolution which has been now produced by the learned Counsel for the respondent Housing Board, is dated
03.02.2011 whereby the final land cost has been determined.
15. In view of the decision of the Honourable Apex Court and the decision of the Division Bench of this Court in V.Muralidharan's case, relating to allotment in the Ellis Nagar Housing Board Scheme which is similar to the present case, the interest on the difference in the land cost shall be reckoned from the date of Board's resolution No.6.05 to 6.08 and 6.40 dated 03.02.2011.
16. The impugned notices in all the writ petitions insofar as they claim interest on the difference in the land costs from an earlier date, is set aside and the respondent Housing Board is directed to rework the interest as per the agreement on and from the Board's resolution dated 03.02.2011 till the date of payment. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Subject to the above, the respondents shall release the sale deeds if all other requirements are complied with.
17. The petitioners are entitled to pay the other amounts as per the notices forthwith to avoid default or interest liability if any applicable."
3. Accordingly, the writ petitions are partly allowed on the same terms insofar as petitioners. Consequently, the connected Miscellaneous Petitions are closed. No costs.
rsb To
1.The Secretary, The Government of Tamil Nadu, Housing Unit and Urban Development Department, Secretariat, Chennai.
2.The Managing Director, Tamil Nadu Housing Board, No.331, Anna Salai, Nandanam, Chennai - 600 035.
3.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Tirunelveli Housing Unit, Sivanthipatty Road, Tirunelveli - 627 011.