Narendra Sakariya v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No. 6291 of 2023 and W.M.P.No. 6309 of 2023 1.Narendra Sakariya 2.Meena Sakariya .. Petitioners
Versus
1.Government of Tamil Nadu Rep by its Secretary Housing and Urban Development Department Fort St.George, Chennai - 600 009 2.The Member Secretary Chennai Metropolitan Development Authority Gandhi-Irwin Road Egmore, Chennai - 600 008 3.The Tamil Nadu State Infrastructure and Amenities Promotion Committee Under the Aegis of Housing and Urban Development Government of Tamil Nadu Fort St.George, Chennai - 600 009 .. Respondents Prayer: Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 07.02.2023 and consequentially direct the respondent to refund the of Rs.63,29,040/- paid towards 1/5
infrastructural and Amenities Charges and Rs.47,46,780/- paid towards shelter fees.
For Petitioners : Mr.Jayesh B.Dolia for M/s.Aiyar and Dolia For Respondents : Mrs.R.Anitha for R1 & 3 Special Government Pleader Mrs.P.Veena Suresh for R2
ORDER
This Writ Petition has been filed to direct the respondent to consider the representation of the petitioner dated 07.02.2023 and consequentially direct the respondent to refund the sum of Rs.63,29,040/- paid towards infrastructural and Amenities Charges and Rs.47,46,780/- paid towards shelter fees.
2. The grievance of the petitioners is that the petitioners are entitled to the refund of Rs.63,29,040/- paid towards infrastructural and Amenities Charges and Rs.47,46,780/- paid towards shelter fees and the same have not been refunded to the petitioners. Therefore, the petitioner sent a representation to the second respondent and the same has not been considered. Hence, the present Writ Petition. 2/5
3. The learned Special Government Pleader appearing for the respondents 1 and 3 would submit the recommendation for refund of the amount has to be approved by the Committee which consists of several members and the Committee only met recently and hence, submitted that the amount shall be refunded within a period of six weeks.
4. A perusal of the proceedings of the Chennai Metropolitan Development Authority dated 31.01.2022 makes it clear that there is already a recommendation to refund a sum of Rs.63,29,040/- paid towards infrastructural and Amenities Charges and Rs.47,46,780/- paid towards shelter fees. Despite the recommendation made on 31.01.2022, the same has not been refunded to the petitioners.
5. Considering the fact that the recommendation has been made on 31.01.2022 and till date no action has been taken, the second respondent is directed to refund the amount of Rs.63,29,040/- paid towards infrastructural and Amenities Charges and Rs.47,46,780/- paid towards shelter fees within a period of six weeks from today. Besides the second respondent is also directed to return the bank guarantee executed by the 3/5
petitioners, if any. Failure to refund the amount within a period of six weeks, the amount shall carry interest at the rate of 7.5% interest.
6. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 02.03.2023 Index : Yes/No Speaking Order : Yes/No dhk To
1. The Secretary Housing and Urban Development Department Fort St.George, Chennai - 600 009 2.The Member Secretary Chennai Metropolitan Development Authority Gandhi-Irwin Road Egmore, Chennai - 600 008 3.The Tamil Nadu State Infrastructure and Amenities Promotion Committee Under the Aegis of Housing and Urban Development Government of Tamil Nadu Fort St.George, Chennai - 600 009 4/5
N. SATHISH KUMAR, J.
dhk 02.03.2023 (2/3) 5/5