M/S.Pacifica (Chennai Project) v. The District Collector

W.P.No .24178 of 2021 M.DHANDAPANI,J.

Today, this matter is listed under the caption 'for being mentioned' at the instance of the learned counsel for the Petitioners. 2.

The learned counsel for the Petitioners submitted that, the Petitioners actually paid the due amount to the Appellate Board. While so, in the order dated 11.11.2021 passed in the above Writ Petition, there is a typographical error that, the amount has been paid to the 4th Respondent herein.

3.

Taking note of the submissions made by the learned counsel for the Petitioners, the order dated 11.11.2021 passed in the above Writ Petition is modified and the Registry is directed to substitute the following paragraphs in the said order.

"3.

The learned counsel for the petitioners submitted that, it is admitted that, the 4th Respondent paid Rs.1,41,98,470/- towards purchase of the Villa. The Villa construction was carried out as per the approved plan of the project. Subsequently, the 4th respondent has changed the interior arrangements. Therefore, the delay occurred. On 27.03.2019, the Villa was ready and the petitioners asked the 4th respondent to clear the Page No.1 of 4

outstanding amount. But, the 4th respondent sent an email on 20.04.2019 that, he cancelled the Villa and sought refund of money. Without considering all these facts, the TNRERE passed an order in favour of the 4th Respondent and the first respondent sealed the Office of the petitioners. Learned counsel further submitted that, the petitioners have already paid a sum of Rs.96 lakhs to the Appellate Board. However, on instructions, the petitioners are ready to pay the balance amount of Rs.1,44,01,219/- to the Appellate Board within the stipulated time as fixed by this Court.

5.

Therefore, the District Collector issued Form-I Demand Notice to the petitioners to pay a sum of Rs.2,40,01,219/-. As the petitioners neither gave any reply nor paid the money, the first respondent passed the impugned order vide Rc.No.490/201/U3, dated 06.05.2021 and directed the respondents 2 and 3 to take action against the petitioners. If the petitioners are ready to pay the due amount, respondents have no objection to de-seal the Office of the petitioners.

7.

The learned counsel for the petitioners fairly submitted that, the petitioners have already paid a sum of Rs.96 lakhs to the Appellate Board and they are ready to deposit the balance amount to the tune of Rs.1,44,01,219/-. Taking into consideration the facts and Page No.2 of 4

circumstances of the case and the submissions made by the learned counsel on either side, as the petitioners are ready to pay the balance amount in toto, this Court directs the petitioners to deposit a sum of Rs.1,44,01,219/- (Rupees One Crore Forty Four Lakhs One Thousand Two Hundred and Nineteen only) to the Appellate Board by way of a Demand Draft. Thereafter, the Appellate Board is entitled to withdraw/encash the amount so deposited. After receipt of payment of dues from the Petitioners, the first respondent is directed to take appropriate steps to de-seal the Office of the Petitioners in accordance with law within a period of four weeks from the date of receipt of a copy of this order."

4.

Except the above modification, remaining portion of the order dated 11.11.2021 stands unaltered. Registry is directed to issue a fresh copy of the order dated 11.11.2021 to the parties. 15.12.2021 (aeb) Page No.3 of 4

M.DHANDAPANI,J.

(aeb) 15.12.2021 Page No.4 of 4