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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
A. Raju – Appellant
Versus
Tamil Nadu Housing Board – Respondent
ORDER :
1. This Writ Petition is filed for a Writ of Certiorarified Mandamus calling for the records relating to the impugned order, dated 19.07.2023 passed by the first respondent - the Managing Director, Tamil Nadu Housing Board, with reference to the order No. Allotment 2(5)/11169/2023 and to quash the same and consequently, direct the respondents to waive and refund the interest of Rs.24,17,780/- paid towards the allotment of residential plot in Plot No.104 and Rs.24,17,780/- paid towards the allotment of residential plot in Plot No.105 in Villupuram Maharajapuram Housing Scheme to the petitioner.
2. The brief factual background from which this Writ Petition arises is that the land belonging to the petitioner's father was acquired for the purposes of the respondent board. The total extent of the acquired land is said to be 9,737 sq. ft. The petitioner's father had received compensation and approached the jurisdictional Sub-Court to enhance that compensation. While this case was pending, a compromise was reached, in which the petitioner's father agreed to withdraw the enhancement petition in exchange for an allotment of these plots by the Housing Board. Consequently, the Housing B
The court directed the Housing Board to reassess penal interest charges, emphasizing the need for fairness in interest calculations for the petitioner.
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 court found the demand for 14% interest arbitrary and ruled for a reduced rate of 6% during the ongoing litigation.
The Housing Board's cancellation of plot allotment was invalid due to lack of notice and failure to follow due process, violating principles of natural justice.
The main legal point established is the requirement for the respondents to comply with court orders and re-consider the petitioner's claim in accordance with the law and previous court orders.
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