S SATHYAVATHI Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) The above writ petition has been filed praying to issue a Writ of Certiorarified Mandamus to call for the records of the respondent in Letter No.R5/9510/90, dated 18.8.2000 and quash the same and consequently direct the respondent to execute the sale deed in favour of the petitioner in respect of M.I.G. Plot No.1058, Nasiyanur Road Scheme, Erode.

(2.) The case of the petitioner is that he was an allottee of the M.I.G. Plot No.1058 in the Nasiyanur Road Scheme of the respondent as per the order of the respondent dated 6.5.1991 and as per the hire-purchase agreement, the total cost was Rs.1,27,000/=; that out of the said amount, he already paid a sum of Rs.69,300/= towards advance and the rest of the amount of Rs.56,700/= was to be paid in equal monthly instalments at Rs.813/= for a period of ten years and since the petitioner paid all the amounts by September, 1997, the respondent is bound to execute the sale deed in respect of the petitioner's plot; that on 18.8.2000, the respondent sent a letter along with a working sheet thereby claiming a total sum of Rs.61,350/= as the balance amount to be paid by the petitioner, wherein a sum of Rs.15,860/= was included towards the carrying cost payable at the rate of 12% p.a. from 1990 till the allotment in May, 1991 and in spite of several representations sent on 25.8.2000, 23.9.2000, 5.10.2000, 27.6.2001 and 26.12.2001 seeking a clarification regarding the figures arrived at in the working sheet, the respondents have not sent any reply and hence the writ petition.

(3.) During arguments, the learned counsel for the petitioner would submit that as per the working sheet annexed to the impugned order, the cost of the plot was determined at Rs.1,05,700/= instead of Rs.1,26,000/= fixed in the year 1991 and that being so, if the advance amount of Rs.69,300/= is deducted, the remainder payable to the respondent Housing Board would be only Rs.36,400/= which would have to be paid in equal monthly instalments at Rs.813/= instead of Rs.56,700/= being paid in equated monthly instalments as earlier determined and therefore the instalments so far paid by the petitioner on the remainder of Rs.56,700/= would far exceed the actual remainder of Rs.36,400/= and therefore the respondent Housing Board is bound to execute the sale deed in favour of the petitioner.