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S. M. SUBRAMANIAM
N. Janakam – Appellant
Versus
Govt. of Tamil Nadu, Rep. by Secretary to Government, Housing and Urban Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Letter No.Thi.Thu.Ko.Na.Ko./A1/23352/91, dated 27.11.2014 on the file of fourth respondent issued to the petitioner and quash the same and direct the respondents to execute Sale Deed transferring the Plot No.1/302 EWS ''B'' Type Tirur Scheme in favour of the Petitioner and get validation of approved plan from local planning authority to enable the petitioner to construct the house on the said plot.)
The order dated 27.11.2014 asking the petitioner to pay the balance cost amount of Rs.6,82,459/- is under challenge in the present writ petition.
2. The learned counsel for the petitioner mainly contended that there are contradictions in the matter of calculation of penal interest and the monthly instalments paid by the petitioner were wrongly calculated by the authority competent. Even in the counter affidavit, the respondents have raised certain allegations, which all are self-contradictory. Thus, the order impugned is to be set aside.
3. During the pendency of the writ petition, the respondent Tamil Nadu H
Discrepancies in housing allotment disputes are to be adjudicated with reference to the documents and evidences on record. The petitioner was granted liberty to approach the competent authority for w....
The main legal point established in the judgment is the authority's power to cancel allotment in case of default and the requirement for the petitioner to rectify the default within the specified tim....
Court may set aside cancellation of allotment and grant time for payment if petitioner shows willingness to pay outstanding dues with interest.
Agreed terms and conditions cannot be interfered with in writ proceedings, and grievances regarding calculation of total cost should be addressed to the Competent Authorities.
Chronic defaulters in housing allotments lose equitable relief unless full dues paid despite prior cancellations.
The court found the demand for 14% interest arbitrary and ruled for a reduced rate of 6% during the ongoing litigation.
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