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Madras High CourtWP/21745/2025disposed of

W.Daniel John v. M/S.Lic Housing Finance Ltd

2025-07-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH W.Daniel John W/o Wilson, No.I.104, East Street Nazareth, Tiruchendur Thoothukudi, Tamil Nadu 628 617 ... Petitioner Vs M/s.LIC Housing Finance Ltd Rep.by its Authorized Officer Harrington Chamber, Block No.C No.30/1A, Abdul Razack 1st Street Saidapet, Chennai 600 015.

... Respondent PRAYER Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representations dated 08.05.2025 and 06.06.2025 and further directing the respondent to refund the total EMD amount of Rs.16,45,000/- to the petitioner within stipulated time fixed by this Court. For Petitioner :

Mr.C.Gunasekaran For Respondents:

Mr.Ilayarajakumar Standing Counsel

ORDER

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This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondents to act upon the representations made by the petitioner on 08.05.2025 and 06.06.2025, wherein the petitioner is seeking for the refund of Earnest Money Deposit (EMD) amount to the tune of Rs.16,45,000/-.

2. When the matter was taken up for hearing today, the learned Standing Counsel for the respondent submitted that the petitioner had paid a sum of Rs.16,45,000/- towards EMD. Out of the same, 10% has to be deducted towards Auction Bazaar Platform in which the auction was conducted. That apart expenses to the tune of Rs.1,00,000/- was also incurred towards paper publication. Hence, only after deduction of those amounts, the claim of the petitioner can be considered.

3. In the considered view of this Court, the deductions can be made by the respondents and the respondents shall refund a sum of Rs.13,80,500/- (Rupees Thirteen Lakhs Eighty Thousand and Five Hundred only) to the petitioner within a period of two weeks from the date of receipt of a copy of this order.

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4. This writ petition is disposed of in the above terms. No costs. 04-07-2025 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Authorized Officer M/s.LIC Housing Finance Ltd Harrington Chamber, Block No.C No.30/1A, Abdul Razack 1st Street Saidapet, Chennai 600 015.

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N.ANAND VENKATESH J.

KST WP No. 21745 of 2025 040725 4/4