T RENGASAMY Vs. CHAIRMAN

JUDGEMENT

(1.) The prayer in the writ petition is to quash the order dated 15.11.2005, wherein a sum of Rs.75,900/- towards the balance cost as on November, 2005 was demanded with a further direction to execute the Sale Deed in favour of the petitioner in respect of HIG Plot No.4/1998, Tirur Scheme already allotted to him.

(2.) The case of the petitioner is that the said plot was allotted by Allotment Order dated 31.7.1991 by the Tamil Nadu Housing Board with certain terms and conditions. The petitioner paid the amount, which was demanded as per the original allotment order and also as per the subsequent demand notice dated 4.8.1994. The petitioner also paid interest, for the belated payment of Rs.2394/-, on 2.9.1994. A further sum of Rs.18,084/- was directed to be paid on or before 30.6.2000 towards capitalization as a final cost. The said amount having not been paid, the penal interest and other charges were calculated and a sum of Rs.75,900/- is demanded as per the impugned order. The said order is challenged on the ground that further demand of any amount, after paying the entire amount by the petitioner, is not justified.

(3.) The second respondent has filed a counter affidavit stating that, in the allotment order, the allottee was informed about the cost of plot as Rs.1,28,700/- and the initial deposit of Rs.77,220/- was deposited and the balance amount of Rs.51,480/- was directed to be paid in monthly instalments of Rs.1145/- per month for a period of 60 months. The plot was handed over to the petitioner on 11.10.1991. By letter dated 25.2.1994, a sum of Rs.33,456/- was demanded towards the balance cost of the plot with penal interest as on 28.2.1994. The balance cost of the plot was revised due to the calculation of capitalization interest and difference in cost and a sum of Rs.18,084/- as on 30.6.2000 was demanded. Even though the petitioner has paid the earlier demand of Rs.33,456/- with interest, the further demanded amount of Rs.18,084/- was not paid. Therefore, interest and penal interest were calculated and a sum of Rs.75,900/- was demanded.