M PALANIVEL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr.Thiageswaran for M/s.Waraon and Sairams Mr.A.Arumugam, learned Special Government Pleader appearing for the State of Tamil Nadu and Mr.A.Vijayakumar, learned standing counsel for the Tamil Nadu Housing Board and perused the records.

(2.) IN these 22 writ petitions, the challenge is to the action taken by the second respondent Tamil Nadu Housing Board in enhancing the cost of the plot allotted to the petitioners without any justification and the consequential eviction notice ordered in terms of Section 84(1) of the Tamil Nadu Housing Board Act, 1961. The petitioners were originally living near Koimbedu Bridge on poramboke land. Since there was a fire which engulfed the slum, in which the petitioners were living, the Housing Board came forward to provide an alternative site for the petitioners.

(3.) ACCORDINGLY, the petitioner deposited a sum of Rs.2860/- on 24.9.1997. After four years, the petitioner was given an allotment order dated 26.8.2001 by the second respondent Housing Board. In that order, it was stated that the cost of the plot was Rs.73,715/- and after adjusting the initial deposit made by him, the petitioner was directed to pay Rs.1150/- towards monthly instalment which will start from September 2001 onwards and will be spread over for a period of 15 years. The rate of interest was shown as 18% and in case of failure, the penal interest was fixed at 21%. The petitioner was directed to enter into a lease-cum-sale agreement pursuant to the said allotment.