S.Chithra v. Tamil Nadu Housing Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Chithra ..

Appellant Vs.

1. Tamil Nadu Housing Board Rep. by its Managing Director No.493, Anna Salai Nandanam, Chennai 600 035.

2. The Executive Engineer and Administration Officer Special Project Division - 1 Tamil Nadu Housing Board C-48, Anna Nagar, Near Ayyappan Temple Chennai 600 040.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 17.04.2023 made in W.P.No.11985 of 2019.

For the Appellant : Mr.N.C.Ashok Kumar For Mr.C.Jagadish For the Respondents : Mr.D.Veerasekaran

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.N.C.Ashok Kumar, learned counsel for Mr.C.Jagadish, learned counsel for the appellant/original writ petitioner and Mr.D.Veerasekaran, learned counsel for the respondent Board.

2. The alternate prayer has been allowed by the learned Single Judge. The refund of Rs.3,64,000/- (Rupees three lakh and sixty four thousand only) is ordered, however, without interest. The writ petitioner has approached this Court aggrieved by the nongrant of interest.

3. The order of the learned Single Judge states that the respondent Board shall return the sum of Rs.3,64,000/- (Rupees

three lakh and sixty four thousand only) paid by the writ petitioner within a period of two weeks from the date of receipt of a copy of that order. On failure of the respondents to return the same within the aforesaid period, the respondents would be liable to pay interest at 9% per annum from the date of deposit of the amount till the date of payment of amount to the writ petitioner. The said order is passed on 17.04.2023.

4. Learned counsel for the appellant submits that till date, the amount of Rs.3,64,000/- (Rupees three lakh and sixty four thousand only) is not refunded by the respondents.

5. In the light of that, the interest at the rate of 9% per annum from the date of deposit of the amount till the date of payment to the appellant would operate.

6. In case the said amount is not yet paid, the respondents shall pay the amount of Rs.3,64,000/- (Rupees three lakh and sixty

four thousand only) within four weeks from today, along with interest at the rate of 9% per annum from the date of deposit.

7. With these observations, the writ appeal is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index : Yes/No kpl To

1. The Managing Director Tamil Nadu Housing Board No.493, Anna Salai Nandanam, Chennai 600 035.

2. The Executive Engineer and Administration Officer Special Project Division - 1 Tamil Nadu Housing Board C-48, Anna Nagar, Near Ayyappan Temple Chennai 600 040.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(kpl) 03.10.2023