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2010 Supreme(Mad) 3296

N.PAUL VASANTHAKUMAR
T. Rengasamy – Appellant
Versus
The Chairman Tamil Nadu Housing Board, Anna Salai, Nandanam – Respondent


Advocates Appeared:
For the Petitioner:T.D. Selvanbabu, Advocate.
For the Respondents:A. Vijayakumar, Advocate.

Judgment :-

The prayer in the writ petition is to quash the order dated 15.11.2005, wherein a sum of Rs.75,900/- towards the balance cost as on November, 2005 was demanded with a further direction to execute the Sale Deed in favour of the petitioner in respect of HIG Plot No.4/1998, Tirur Scheme already allotted to him.

2. The case of the petitioner is that the said plot was allotted by Allotment Order dated 31.7.1991 by the Tamil Nadu Housing Board with certain terms and conditions. The petitioner paid the amount, which was demanded as per the original allotment order and also as per the subsequent demand notice dated 4.8.1994. The petitioner also paid interest, for the belated payment of Rs.2394/-, on 2.9.1994. A further sum of Rs.18,084/- was directed to be paid on or before 30.6.2000 towards capitalization as a final cost. The said amount having not been paid, the penal interest and other charges were calculated and a sum of Rs.75,900/-is demanded as per the impugned order. The said order is challenged on the ground that further demand of any amount, after paying the entire amount by the petitioner, is not justified.

3. The second respondent has filed a counter affidavit stati







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