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Anis Akthar .S v. The Chief Engineer (Rural)

Madras HC31 Jan 2025WP(MD)/3815/2023

Case brief

AI extract

What is this about?

Keywords: refund of allotment amount; Tamil Nadu Housing Board; Valavanthankottai Area Development Scheme; Plot No.46; Tiruchirappalli Housing Unit; writ of mandamus; Article 226; representations 11.02.2022 and 12.12.2022; 6% per annum interest; vacant possession not handed over; scheme re-advertised 2021; W.P(MD)No.3815 of 2023; G.K. Ilanthiraiyan, J.; disposed 31.01.2025.

What did the court decide?

Third respondent directed to refund Rs.2,72,100/- with interest at 6% per annum from 11.02.2022 till final payment, within four weeks of receipt of copy of the order; no order as to costs. ¶38

Anis Akthar .S Vs The Chief Engineer (Rural) — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Third respondent directed to refund Rs.2,72,100/- with interest at 6% per annum from 11.02.2022 till final payment, within four weeks of receipt of copy of the order; no order as to costs.

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Issue for consideration

Whether the respondents should consider the petitioner's representations and refund the amount paid (with interest) for the allotment of Plot No.46 under the Valavanthankottai Area Development Scheme, Tiruchirappalli Housing Unit, Tamil Nadu Housing Board.

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Court's answer

The third respondent is directed to refund the amount of Rs.2,72,100/- paid by the petitioner with interest at the rate of 6% per annum from the date of his representation dated 11.02.2022 till the final payment, within four weeks from receipt of a copy of the order.

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Ratio / Principle

As admitted, vacant possession of the allotted plot was not handed over to the petitioner, and the petitioner was irregular in payment of monthly instalments — factual premises for the refund direction.

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Key takeaways

In 2021 the Valavanthankottai Area Development Scheme was re-advertised as a new scheme at Rs.13,69,000/- per plot and all the plots were allotted to a new allottee — further ground for directing refund.ratio¶36

Detailed headnote1 paragraphs

Writ Petition (W.P(MD)No.3815 of 2023, Madurai Bench of Madras High Court, G.K. Ilanthiraiyan, J., decided 31.01.2025) filed under Article 226 of Constitution of India by S.Anis Akthar against three officers of the Tamil Nadu Housing Board, seeking a mandamus to consider representations dated 11.02.2022 and 12.12.2022 and refund Rs.2,72,100/- with interest paid towards allotment of Plot No.46 under the Valavanthankottai Area Development Scheme, Tiruchirappalli Housing Unit. The petitioner had paid an advance of Rs.2,50,300/- and a first instalment of Rs.10,900/- out of a sale consideration of Rs.7,14,900/-, but no agreement was executed and vacant possession was never handed over; the petitioner was also irregular in instalments, and in 2021 the scheme was re-advertised at Rs.13,69,000/- per plot with all plots going to new allottees. The court directed the third respondent (Executive Engineer & Administrative Officer) to refund Rs.2,72,100/- with interest at 6% per annum from the date of the first representation (11.02.2022) till final payment, within four weeks; the writ petition was disposed of with no order as to costs.

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W.P(MD)No.3815 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 31.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P(MD)No.3815 of 2023

S.Anis Akthar

... Petitioner

1.The Chief Engineer (Rural), Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu,

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Chennai – 600 107.

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2.The Superintending Engineer (Rural Circle), Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu,

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Chennai – 600 107.

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3.The Executive Engineer & Administrative Officer, Office of the Executive Engineer, Tamil Nadu Housing Board, Tiruchirappalli Housing Unit, Kajamalai Colony, Edamalaipatti Pudur, Tiruchirappalli – 620 021. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 11.02.2022and 12.12.2022 respectively and refund the entire amount of Rs.2,72,100/- along with interest from the date of deposit paid by the petitioner for the allotment of Plot No.46, Middle Income Group

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.3815 of 2023

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under the Valavanthankottai Area Development Scheme, Tiruchirappalli Housing Unit, Tamil Nadu Housing Board.

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For Petitioner : Mr.R.Karamchand Kandasamy for Mr.K.C.Ramalingam

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For Respondents : Mr.M.Suresh

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ORDER

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This Writ Petition has been filed by the petitioner for a

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direction directing the respondents to consider the representation submitted by the petitioner seeking refund of the amount paid by the petitioner with interest for the allotment of Plot No.46, Middle Income Group under the Valavanthankottai Area Development Scheme, Tiruchirappalli Housing Unit, Tamil Nadu Housing Board.

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2.The petitioner was allotted Plot No.46, Low Income

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Group under the Valavanthankottai Area Development Scheme by the third respondent. Accordingly, the total sale consideration was fixed at Rs.7,14,900/- for the plot. Thereafter, the petitioner was informed to make an advance payment of Rs.2,50,300/- and the first instalment of Rs.10,900/-. Accordingly, the petitioner had paid the advance payment of Rs.2,50,300/- and the first instalment and the petitioner was informed to pay the remaining amount.

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W.P(MD)No.3815 of 2023

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3.The grievance of the petitioner is that no agreement was executed after allotment and the petitioner was not handed over the allotment plot. Therefore, the petitioner could not able to develop the same and the entire plots which were allotted in favour of various persons were kept vacant. Therefore, the petitioner submitted a representation seeking refund of the amount paid by the petitioner.

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4.On perusal of the counter-affidavit filed by the third respondent would reveal that though the petitioner was allotted Plot No.46, the petitioner failed to pay the installments on time as per the terms and conditions of the allotment and the petitioner failed to pay the remaining installments. After a period of 7 years, the petitioner made a request for a refund of the amount which was paid by him.

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5.Admittedly, the vacant possession of the plot as per the allotment was not handed over to the petitioner. Further, the petitioner was also irregular on payment of monthly installments.

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W.P(MD)No.3815 of 2023

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That apart, in the year 2021, the Valavanthankottai Area Development Scheme was once again advertised as a new scheme by the respondents and fixed price at Rs.13,69,000/- per plot. Accordingly, all the plots were allotted to a new allottee.

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6.In view of the above, the third respondent is directed to refund the amount of Rs.2,72,100/- paid by the petitioner with interest at the rate of 6% per annum from the date of his representation dated 11.02.2022 till the final payment, within a period of four weeks from the date of receipt of a copy of this order.

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7.With the above direction, this Writ Petition is disposed

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of. There shall be no order as to costs.

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31.01.2025 (3/4)

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NCC : Yes / No Index : Yes / No Internet : Yes ps

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W.P(MD)No.3815 of 2023

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1.The Chief Engineer (Rural), Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu,

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Chennai – 600 107.

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2.The Superintending Engineer (Rural Circle), Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai – 600 107.

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3.The Executive Engineer & Administrative Officer, Office of the Executive Engineer, Tamil Nadu Housing Board, Tiruchirappalli Housing Unit, Kajamalai Colony, Edamalaipatti Pudur, Tiruchirappalli – 620 021.

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W.P(MD)No.3815 of 2023

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G.K.ILANTHIRAIYAN, J.

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Order made in W.P(MD)No.3815 of 2023

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