1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition (MD)No.10766 of 2011 and M.P.(MD)No.1 of 2011 N.Mohan .. Petitioner .vs. 1.Government of Tamil Nadu, rep.by its Secretary, Department of Housing & Urban Development, Secretariat, Chennai. 2,Tamilnadu Housing Board, rep.by its Chairman, Nandanam, Chennai. 3.The Executive Engineer & A.O., Tamilnadu Housing Board, Madurai Housing Board, Madurai Housing Unit, Ellis Nagar, Madurai-625 010. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of certiorarified mandamus calling for the records of the 3rd respondent in Lr.No.MH 27/7618/07, dated 18.02.2011, quashing the same and consequently directing the respondents to execute the sale deed in favour of the petitioner in respect of House No.M-79C, MIG, TNHB, MNNH, Sector I & II, Tamil Nagar, Anaiyur, Madurai-17. For Petitioner : Mr.P.T.Ramesh Raja For Respondent-1 : Mr.M.Govindan Spl.Govt.Pleader. For Respondents 2 & 3: Mr.S.Nagarajan O R D E R The petitioner has filed this writ petition praying for issuance of a Writ of certiorarified mandamus calling for the records of the 3rd respondent in Lr.No.MH 27/7618/07, dated 18.02.2011, quashing the same and consequently directing the respondents to execute the sale deed in favour of the petitioner in respect of House No.M-79, MIG, TNHB, MNNH, Sector I & II, Tamil Nagar, Anaiyur, Madurai-17. 2.By the impugned order, dated 18.02.2011, the petitioner was directed to remit a sum of Rs.1,22,454/-, on or before 31.03.2011, towards difference in land cost and interest, based on Board's Resolution No.6.07, dated 12.01.2011. The Board's Resolution No.6.07 dated 12.01.11 reads as under: "Board resolved to accept the recommendation of the Pricing Committee to fix revised land and development final cost of Rs.63,400/- per ground as on 31.12.1994 against the tentative cost of Rs.13,000/- per ground as of September https://hcservices.ecourts.gov.in/hcservices/ 2 1986 fixed earlier, based o the highest Enhanced Compensation awarded by the Hon'ble High Court and taking into account the cost of Government land as per G.O.Ms.No.67, H&UD Department, dated 23.3.2010 in order to redress the long pending grievance of the allottees." 3.It is not in dispute that the petitioner was allotted with MIG House at Madurai North Neighbourhood Scheme on Hire Purchase System on 20.01.1988. This Court, by order dated 15.07.2011, made in W.P.(MD) Nos.7430 of 2011 and batch, granted certain reliefs to the petitioners therein. The present writ petition also falls under the same category and the petitioner is entitled to the same relief as in the above writ petitions. The said order reads as follows: "14.Drawing the same analogy to the present case, the Board's resolution even as per the counter affidavit and the copy of the resolution which has been now produced by the learned counsel for the respondent Housing Board, is dated 03.02.1011 whereby the final land cost has been determined. 15.In view of the decision of the Honourable Apex Court and the decision of the Division of this Court in V.Muralidharan's case, relating to allotment in the Ellis Nagar Housing Board Scheme which is similar to the present case, the interest on the difference in the land cost shall be reckoned from the date of Board's resolution No.6.05 to 6.08 and 6.40 dated 03.02.2011. 16.The impugned notices in all the writ petitions insofar as they claim interest on the difference in the land costs from an earlier date, is set aside and the respondent Housing Board is directed to rework the interest as per the agreement on and from the Board's resolution dated 03.02.2011 till the date of payment. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Subject to the above, the respondents shall release the sale deeds if all other requirements are complied with. 17.The petitioners are entitled to pay the other amounts as per the notices forthwith to avoid default or interest liability if any applicable." 4.Accordingly, the writ petition is partly allowed as ordered in W.P.(MD)Nos.7430 of 2011 as above insofar as the petitioner is concerned. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS) To https://hcservices.ecourts.gov.in/hcservices/ 3 1.The Secretary, Department of Housing & Urban Development, Secretariat, Chennai. 2, The Chairman, Tamilnadu Housing Board, Nandanam, Chennai. 3.The Executive Engineer & A.O., Tamilnadu Housing Board, Madurai Housing Board, Madurai Housing Unit, Ellis Nagar, Madurai-625 010. +1cc to M/s.S.Nagarajan, Advocate,SR.No.34602 gb GH : 21.10.2011 : 3p/5c Order in W.P(MD)No.10766/2011 and MP(MD)No.1 of 2011 Date:30.09.2011 https://hcservices.ecourts.gov.in/hcservices/