1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)Nos.9963 to 9966 of 2011 and M.P(MD)Nos.1 of 2011 (in all the petitions) and M.P(MD)Nos.2 and 2 of 2011 in W.P(MD)Nos.9964 and 9965 of 2011 W.P.(MD)No.9963 of 2011: M.Regina Beevi ... Petitioner Vs. 1.State of Tamil Nadu, represented by its Secretary to Government, Housing Unit and Urban Development Department, Fort St.George, Chennai – 600 009. 2.The Chairman and Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai – 600 009. 3.The Executive Engineer and Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, Ellis Nagar, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned demand notice issued by the third respondent in his proceedings Lr.No.MH dated 18.02.2011 in respect of LIG 105 and quash the same as illegal and consequentially, direct the third respondent to calculate the interest on difference in land cost between the original tentative land cost and the final land cost from the date of finalization of land cost i.e. 18.02.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner ... Mr.C.Venkateshkumar for Mr.M.Ajmal Khan For Respondents... Mr.M.Govindan, Special. Govt. Pleader for R.1 Mr.Nagarajan for R.2 and R.3 * * * * * W.P.(MD)No.9964 of 2011: M.Kumaravel ... Petitioner Vs. 1.State of Tamil Nadu, represented by its Secretary to Government, Housing Unit and Urban Development Department, Fort St.George, Chennai – 600 009. 2.The Chairman and Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai – 600 009. 3.The Executive Engineer and Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, Ellis Nagar, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned demand notice issued by the third respondent in his proceedings Lr.No.MH dated 18.02.2011 in respect of LIG 24 and quash the same as illegal and consequentially, direct the third respondent to calculate the interest on difference in land cost between the original tentative land cost and the final land cost from the date of finalization of land cost i.e. 18.02.2011. For Petitioner ... Mr.C.Venkateshkumar for Mr.M.Ajmal Khan For Respondents... Mr.M.Govindan, Special. Govt. Pleader for R.1 Mr.Nagarajan for R.2 and R.3 * * * * * https://hcservices.ecourts.gov.in/hcservices/ 3 W.P.(MD)No.9965 of 2011: P.Dharmaraj ... Petitioner Vs. 1.State of Tamil Nadu, represented by its Secretary to Government, Housing Unit and Urban Development Department, Fort St.George, Chennai – 600 009. 2.The Chairman and Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai – 600 009. 3.The Executive Engineer and Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, Ellis Nagar, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned demand notice issued by the third respondent in his proceedings Lr.No.MH dated 18.02.2011 in respect of MIG 25 and quash the same as illegal and consequentially, direct the third respondent to calculate the interest on difference in land cost between the original tentative land cost and the final land cost from the date of finalization of land cost i.e. 18.02.2011. For Petitioner ... Mr.C.Venkateshkumar for Mr.M.Ajmal Khan For Respondents... Mr.M.Govindan, Special. Govt. Pleader for R.1 Mr.Nagarajan for R.2 and R.3 * * * * * W.P.(MD)No.9966 of 2011: M.Pandian ... Petitioner Vs. 1.State of Tamil Nadu, represented by its Secretary to Government, Housing Unit and Urban Development Department, Fort St.George, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 4 2.The Chairman and Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai – 600 009. 3.The Executive Engineer and Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, Ellis Nagar, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned demand notice issued by the third respondent in his proceedings Lr.No.MH dated 18.02.2011 in respect of LIG 96 and quash the same as illegal and consequentially, direct the third respondent to calculate the interest on difference in land cost between the original tentative land cost and the final land cost from the date of finalization of land cost i.e. 18.02.2011. For Petitioner ... Mr.C.Venkateshkumar for Mr.M.Ajmal Khan For Respondents ... Mr.M.Govindan, Special. Govt. Pleader for R.1 Mr.Nagarajan for R.2 and R.3 * * * * * COMMON ORDER W.P(MD)Nos.9963 to 9966 of 2011 have been filed to call for the records relating to the impugned demand notice issued by the third respondent in his proceedings Lr.Nos.MH dated 18.02.2011 in respect of LIG 105, MIG 24, MIG 25 and LIG 96 respectively and quash the same as illegal and consequentially, direct the third respondent to calculate the interest on difference in land cost between the original tentative land cost and the final land cost from the date of finalization of land cost i.e. 18.02.2011. 2. Heard Mr.C.Venkateshkumar, learned Counsel appearing for Mr.M.Ajmal Khan, learned Counsel for the petitioners in all the writ petitions, Mr.M.Govindan, learned Special Government Pleader appearing for the first respondent and Mr.Nagarajan, learned Counsel appearing for the respondents 2 and 3. 3. By consent, the writ petitions are taken up for final disposal. 4. All these writ petitions relate to allotment of house and plot by the respondent Housing Board under the Virudhunagar Scheme. The petitioners are the allottees of the Housing Board constructed https://hcservices.ecourts.gov.in/hcservices/ 5 houses. The dispute in all these writ petitions challenges the determination of interest on the final land cost. According to the petitioners, interest should be calculated from the date on which the cost is finally determined. 5. A similar issue was considered by me in a batch of writ petitions in W.P(MD)Nos.7430 of 2011 and batch, dated 15.07.2011, where I held that the interest portion will run from the date when the Board has resolved to fix the land cost and that decision is in terms of the decision of the Division Bench of this Court in V.Muralidharan v. State of Tamil Nadu reported in 2007 Writ L.R. 710 and following the same, several orders have been passed in a batch of writ petitions. 6. In the present case, the Board's resolution is dated 03.02.2011 and the same is communicated in proceedings dated 18.02.2011. Accordingly, the present batch of writ petitions fall under the same category and the petitioners are entitled to the same relief as in the above writ petitions. The said order passed in W.P(MD)Nos.7430 of 2011 and batch, dated 15.07.2011, 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 03.02.2011 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 Bench 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." https://hcservices.ecourts.gov.in/hcservices/ 6 7. Accordingly, the writ petitions are partly allowed on the same terms insofar as petitioners. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar 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, Nandanam, Chennai – 600 009. 3.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Madurai Housing Unit, Ellis Nagar, Madurai District +4cc to Mr.S.Nagarajan,Advocate, Sr.Nos.34167, 34166, 34165, 34168 +1cc to Mr.M.Ajmalkhan, Advocate, Sr.No.33967 rsb ssk/10.10.2011 /9c -6p/- W.P.(MD)Nos.9963 to 9966 of 2011 and M.P(MD)Nos.1 of 2011 (in all the petitions) and M.P(MD)Nos.2 and 2 of 2011 in W.P(MD)Nos.9964 and 9965 of 2011 28.09.2011 https://hcservices.ecourts.gov.in/hcservices/