CHAIRMAN-CUM-MANAGING DIRECTOR Vs. K O PARASURAMAN

JUDGEMENT

(1.) THIS Writ Appeal has been preferred by the appellants-Tamil Nadu Housing Board against the impugned order dated 14.11.2002 passed by the learned single Judge in W.P.No.34276 of 2002, whereby and whereunder the learned single Judge interfered with the demand notice issued by the appellants-TNHB dated 2.7.2002 and only taking into consideration the fact that the respondent-K.O.Parasuraman had been in continuous possession and enjoyment of the flat in question in spite of cancellation of allotment, the learned single Judge, on the ground of interest of justice and striking a balance between the rights of both the parties, directed the appellants-TNHB to work out the interest @ 24% on the arrears, from the date of default in paying the instalments and directed the respondent-writ petitioner to pay the same.

(2.) BRIEF facts of the case are that pursuant to lease-cum-sale agreement, the respondent-writ petitioner was allotted M.I.G. Twin Type House No.1517 at Vellore Neighborhood Scheme, Phase II at Vellore in 1990 by the TNHB at a price of Rs.1,21,500/- (vide confirmation of order of allotment issued by the first appellant on 26.10.1990 in Lr.No.VR-1/63/90) at the time of possession, the respondent-writ petitioner paid only a sum of Rs.9,822/- and subsequently, having found that the respondent was owning a farm house, which is prohibited for allotment as per Condition No.12 of the order of allotment, the allotment made to the respondent was cancelled.

(3.) THE stand taken by the respondent-writ petitioner is that the demand for payment of Rs.4,99,428/- was arbitrary and unreasonable, which was the ground to interfere with the demand notice.