DEEPAK Vs. TAMIL NADU STATE HOUSING BOARD

JUDGEMENT

(1.) The Government, by its proceedings dated 18.01.1997 in G.O.Ms.No.196, Housing and Urban Development Department, directed allotment of Plot No.619 to the petitioner in Indira Nagar, Chennai and accordingly, the Executive Engineer and Administrative Officer of Besant Nagar Division issued provisional allotment order on 18.05.1987 fixing the value of the plot at Rs.2,59,785/-. Finally, an order of allotment was issued on 20.11.1987. The petitioner was directed to pay 1/4th of the cost of the plot amounting to Rs.64,947/- and the balance amount was payable in monthly instalment of Rs.4,618/- over a period of five years. He had paid the said amount of initial deposit as well as certain monthly instalments. However, suddenly, without any notice, the allotment was cancelled on 29.11.1989 and a cheque for Rs.2,24,751.60 towards the amount paid by the petitioner along with interest was refunded. The said amount was received under pretest by the petitioner. Subsequently, he filed W.P.No.14650 of 1993 for quashing the order of cancellation and for directing the respondent to register and execute the sale deed of his building with terms and conditions of the order of allotment dated 20.11.1987. The other three cases were decided in favour of the applicants in such cases and ultimately, the matter was taken up before the Division Bench. The Division Bench in the case of Secy. to Govt., Housing & Urban Development Dept. v. Ammani (AIR 1996 MADRAS 70), while confirming the decision of the learned Single Judge and dismissing the writ appeals, observed as follows:-

(2.) The writ petition filed by the petitioner was disposed of on 15.07.1997 taking note of the fact that similar matters have been disposed of by the Division Bench. The learned Single Judge has passed the following order:-

(3.) Thereafter, the petitioner approached the respondent within the specified period, offering to pay the entire amount of Rs.2,59,785/-. The respondent, instead of accepting the amount, issued a letter dated 11.08.1997, directing the petitioner to pay a sum of Rs.8,17,312/-. As per the working sheet enclosed, the cost of the plot was fixed at Rs.2,59,785/- and the balance of amount represented interest and penal interest. The petitioner, being apprehensive that non payment of the amount would be in violation of the order passed by the Court and the petitioner may lose his right, paid the said amount under protest and immediately made a representation to the said Housing Board for refund of the excess amount collected. However, since no reply was received, the petitioner has been forced to file the present writ petition seeking for a writ of certiorarified Mandamus for quashing the order dated 11.08.1997 so far as it relates to levy of interest and penal interest and for a direction to refund the excess amount.