S BASKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed by the petitioner herein for the issuance of a writ of certiorarified mandamus calling for the records relating to the letter of the third respondent in letter No.A4/6013/93 dated 10.5.2000 and to quash the same and consequently to direct the respondents to issue sale deed in respect of House in HIG 'Z' type Sector I, flat No.1/6, I Floor at Madhuravoyal, Korattur Division, Tamilnadu Housing Board.

(2.) Heard counsel for the petitioner as well as respondents. In the affidavit it is stated that an advertisement was made by the respondents relating to the sale of the House in 'Z' type category at Madhuravoyal, Korattur Division, Tamil Nadu Housing Board in the year 1993 and the rate fixed for HIG 'Z' type flats was at Rs.2,11,400/-. The petitioner purchased the HIG sector I flat No.1/6, First Floor at Madhuravoyal, Korattur Division on outright purchase basis and the possession of the house was handed over to the petitioner on 15.4.1994. A deed of agreement for sale was entered into between the petitioner and the Tamil Nadu Housing Board on 29.3.1994. Clause 9 of the agreement reads thus :

(3.) Counter affidavit has been filed by the respondents, in which inter-alia it is stated that a mistake has arisen in calculating the amount and the same was pointed out by the Auditor, and hence, the amount has to be recovered from the petitioner herein and the same could be rectified only before the execution of sale deed. The mistake was due to administrative reason, and therefore, the petitioner is liable to pay the amount of Rs.64,113/-.