DURAI CHELLAMUTHU Vs. CHAIRMAN TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the Tamil Nadu Housing Board.

(2.) THE order impugned in this case is that of the second respondent dated 9.10.2007 by which the second respondent has rejected the candidature of the petitioner as a participant in the auction on the ground that he has paid the less amount of application fees.

(3.) ON the facts and circumstances of the case, it is not in dispute that the petitioner has paid a sum of Rs.25,000/- as earnest money deposit, since the upset price quoted by the respondents themselves is only Rs.10,31,000/-, which is less than Rs.12.50 lakhs. Thereafter when the auction took place on 10.8.2007, the petitioner was found to be the highest bidder in respect of said site and in respect of that 15% of the amount has been paid by the petitioner, which comes to Rs.1,55,400/-. As per the advertisement, the petitioner has to pay another 35% on confirmation of sale. When that is the position as per the advertisement, it is now known as to how the second respondent has passed the impugned order stating that the petitioner has paid lower amount along with the application fees.