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2008 Supreme(Mad) 912

P.JYOTHIMANI
D. Suresh Kumar – Appellant
Versus
The Chief Executive Officer Chennai Metropolitan Development Authority & Another – Respondent


Advocates Appeared:
For the Petitioner:Satish Parasaran, Advocate.
For the Respondents:C. Kathiravan, Advocate.

Judgment :-

The petitioner has filed W.P.No.34629 of 2004, challenging the order of the second respondent, Member Secretary, Chennai Metropolitan Development Authority (in short, "CMDA") dated 01.07.2004 and consequently to direct the respondents to make refund to the petitioner on account of surrendering the possession of the shop bearing No.T/A-138 in accordance with Clause 12 of the Deed of Lease cum Sale Agreement dated July, 1998, entered between the petitioners father and the respondents along with interest at the rate of 18% per annum. Under the impugned order, the second respondent has ordered the refund of Rs.4,29,921/-in respect of surrender of shop No.T/A-138 on Phase-I Fruit Market.

2. W.P.No.4271 of 2005 is filed by the petitioner challenging the order of the CMDA dated 13.05.2004 in respect of Shop No.T/A-136. By the said impugned order, the second respondent, CMDA has ordered the refund of Rs.9,49,232/- in respect of shop No.T/A-136.

3. The wholesale market for perishable goods, etc., which was situated at Kothavalchavadi in George Town was shifted to Koyambedu by G.O.Ms.No.1487 dated 11. 1978. The shifting was given effect to from 1996 due to various reasons. The pet




































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