IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 09.01.2017 CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.3694 of 2013 & M.P.No.1 of 2013 G.Arumugam .. Petitioner Vs
1. The Secretary to Government, State of Tamil Nadu, Housing Unit and Urban Development Department, Fort St. George, Chennai-600 009.
2. The Chairman and Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-600 035.
3. The Executive Engineer and Administration Officer, Velloure Housing Unit, Tamil Nadu Housing Board, Satuvachari, Vellore-632 009. .. Respondents Prayer .: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records relating to order of rejection passed by the third respondent being letter No.A6/7952/95 dated 25.10.2012 and quash the same as arbitrary, illegal, unconstitutional and consequently direct the respondents to grant the concessions as contained in G.O.Ms.No.37 dated 14.02.2011 extended in G.O.Ms.215 dated 28.09.2012 by re-computing the actual balance sale consideration and refund the compound interest, penal interest and other additional charges collected from the petitioner in respect of plot No.23, MIC, Thamarai Nagar, located in Town Survey No.1774/1,Tiruvannamalai Town & Taluk, Tiruvannamalai Distrit contrary to G.O.Ms.37 dated 14.02.2011 extended in G.O.Ms.No.215 dated 28.09.2012.
For Petitioner : M/s.R.Sathishkumar For Respondents : Mr.K.J.Sivakumar Government Advocate for R1 Mr.V.Yuvakumar (TNHB) for R2&R3
O R D E R
The writ petition has been filed for issuance of writ of Certiorarified Mandamus calling for the records relating to order of rejection passed by the third respondent being letter No.A6/7952/95 dated 25.10.2012 and quash the same as arbitrary, illegal, unconstitutional and consequently direct the respondents to grant the concessions as contained in G.O.Ms.No.37 dated 14.02.2011 extended in G.O.Ms.215 dated 28.09.2012 by re-computing the actual balance sale consideration and refund the compound interest, penal interest and other additional charges collected from the petitioner in respect of plot No.23, MIC, Thamarai Nagar, located in Town Survey No.1774/1,Tiruvannamalai Town & Taluk, Tiruvannamalai District contrary to G.O.Ms.37 dated 14.02.2011 extended in G.O.Ms.No.215 dated 28.09.2012.
2. Learned counsel for the petitioner submitted that the petitioner was selected on 21.09.1995 for the allotment of a house in MIG-A, No.23/144, Tamarai Nagar, Thandarampet Road, Tiruvannamalai. The 1st respondent herein had issued G.O.Ms.No.37, Housing Unit and Urban Development Department, dated 14.02.2011 granting certain concessions to the allottees. Relevant portion in paragraph No.4 of the said G.O.Ms.No.37 reads as under:
" ,t;thiz fPH;f;fz;l epge;jidfSld; btspaplg;ggLfpwJ?
(m) vw;fdnt xJf;fPLjhuh;fs; KGj;bkhifiaa[k; brYj;jp tpw;gidg;gj;jpuk; bgw;wpUe;jhYk; my;yJ bgwhky; ,Ue;jhYk;. munrh my;yJ jkpH;ehL tPl;L trjp thhpankh xJf;fPLjhuh;fs; fl;oa gzj;ij ve;jf; fhuzj;ijf; bfhz;Lk; jp[Ug;gp mspf;ff;TlhJ/ (M) vjph;tUk; fhy';fspy; jkpH;ehL tPl;Ltrjp thhpak; bray;gLj;jg;glt[s;s midj;J jpl;l';fspYk; gazhspfs; gad;bgWk; tifapy; jpl;lk; Kof;ffg;gLk; vd vjph;nehf;F ehSk; kw;Wk; Fog[f jahuhFk; ehSk; ,it ,uz;Lk; xnu ehshf ,Uf;FkhW jkpH;ehL tPl;Ltrjp thhpak; eilKiwg;ggLj;j ntz;Lk;/ (,) Kjyhf;ffj;jpd; kPjhd tl;o kw;Wk; tPl;Ltrjpf;fld; xg;gspg;g[ ehspy; epYitj; bjhiff;fhd tl;oia bghWj;jkl;oy; xJf;fPLjhuh;fSf;F fld; xg;gspg;g ehspy; epYitj;bjhif VnjDk; ,Ue;jhy; mjw;fhd tl;oiaf; nfhUk; nghJ xJf;fPL bgw;w ehs;. epYitj;bjhif Mfpa tptuj;jpid Kd;Tl;ona xJf;fPl;Ljhuh;fSf;F thhpak; bjhptpf;f ntz;Lk;/ mt;thW xJf;fPLjhuh;fs; fl;l jtWk;gl;rj;jpy; brYj;jg;glhj bjhif;ffhd tl;oapid thhpak; tpjpf;fyhk;/ ,jid thhpak; vjph;fhy jpl;l';fs; midj;jpw;Fk; eilKiwg;gLj;jg;gl ntz;Lk;/ (<) xJf;fPLjhuh;fs; jhd; brYj;j ntz;oa ghf;fpj; bjhifia ,t;thiz btspapl;l ehspypUe;J 4 khj fhyj;jpw;Fs; xnu jtizahf brYj;Jfpwhh;fnsh mth;fs;
kl;Lnk nkw;Twg;gl;l rYiffis bgw Koa[k;/
3. As per the said concessions given in the said G.O., if the allottee pays the balance amount within a period of four months from the date of issuance of the order G.O.Ms.No.37, dated 14.02.2011 (time bound G.O. from 14.02.2011 to 13.06.2011), he will be entitled for certain benefits stated therein. However, the petitioner, without availing the benefits of the said G.O., has voluntarily paid the amount to the Housing Board on 26.09.2012 and thereafter, the sale deed was executed by the Tamil Nadu Housing Board in favour of the petitioner on 06.11.2014. After the payment of the entire amount by the petitioner, the first respondent has passed the Government Order in G.O.Ms.215, dated 28.09.2012, Housing Unit and Urban Development Department, extending certain benefits to the allottees. Para - 4 of G.O.Ms.No.215 reads as under:
'4. nkYk;. xJf;fPLjhuh;fs; jhk; brYj;j ntz;oa epYitj; bjhifia ,t;thiz btspapl;l ehspypUe;J MW khjfhyj;jpw;Fs; xnu jtizahfnth my;yJ epYitapYs;s mry; bjhiff;F eilKiwapYs;s jdptl;oa[ld; K:d;W jtizfspy; bjhif brYj;Jtjw;F tpUg;g[hpik mspf;fg;gLfpwJ/*
4. As per the G.O.Ms.No.215, dated 28.09.2012, option was given to granting concessions to the allottees to pay the balance amount either in one instalment or with simple interest on the balance principal amount in three instalments, within a period of six months from the date of issuance of the said G.O. (i.e.28.09.2012 to 27.03.2013). In view of passing of the said G.O.Ms.No.215 dated 28.09.2012, the petitioner has filed the present writ petition seeking the aforesaid relief.
5. Learned counsel for the respondents 2 and 3 would submit that the petitioner has paid the entire amount on 26.09.2012 and subsequently the sale deed was also executed in favour of the petitioner on 06.11.2014. Though the third respondent on 22.08.2012 sent a letter to the petitioner to avail the concession of the conditions, the petitioner has not come forward to avail the same. Once the petitioner has paid the entire amount without making any objection for payment of the said amount, the petitioner cannot seek any relief by extending G.O.Ms.No.215 dated 28.09.2012. He would further submit that the aforesaid G.O.Ms.No.215 dated 28.09.2012 has prospective effect, but not have retrospective effect. The said condition is accepted by the petitioner and the Housing Board repaid the amount which were already deposited and the sale deed was also executed. Therefore, the present claim of the petitioner cannot be granted.
6. Admittedly, the petitioner has paid the entire amount including the penal interest on 26.09.2012 and the stamp papers of the document shows the date 29.09.2012 and the sale deed was drafted and submitted to the Housing Board on 22.09.2012. Thereafter, the said G.O. has been passed granting concessions to the allottees. Thus, for the allottees who have not paid the entire amount and who were not in a position to pay the arrears of the instalments due to the Housing Board, the said Government Order passed with effect from 28.09.2012. Therefore, the petitioner cannot seek remedy, once the entire amount has been paid without any objection. The stamp papers were submitted before the Board and the same was executed by the Housing Board in the 2014. In view of the same, the petitioner cannot seek remedy for refund of the said amount which was paid to the Housing Board, in the light of the G.O.Ms.No.215 dated 28.09.2012.
7. In view of the above, the writ petition fails and the same is dismissed. Consequently, connected miscellaneous petition is dismissed. No costs.
09.01.2017 Index : Yes/No kal To
1. The Secretary to Government, State of Tamil Nadu, Housing Unit and Urban Development Department, Fort St. George, Chennai-600 009.
2. The Chairman and Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-600 035.
3. The Executive Engineer and Administration Officer, Velloure Housing Unit, Tamil Nadu Housing Board, Satuvachari, Vellore-632 009.
D.KRISHNAKUMAR, J kal W.P.No.3694 of 2013 & M.P.No.1 of 2013 http://www.judis.nic.in 09.01.2017