Ravichandran.P v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Ravichandran ... Petitioner Vs.

1.The Principal Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai.

2.The Director, Directorate of Town and Country Planning, DTCP Complex, 2nd , 3rd and 4th Floor, E and C Market Road, Koyembedu, Chennai.

3.The Joint Director, DTCP, Trichy Town and Country Planning Authority, Kajamalai Main Road, Trichirappalli.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to refund the I 1/4

and A charges of Rs.45,52,000/- shelter fund of Rs. 7,64,000/- and centage charges of Rs.17,500/- due to the petitioner along with compensation for the delay in the refund within a time stipulated by this Court.

For Petitioner : Mr.M.Mohaboob Athiff For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2.In response to the writ petition, the third respondent has filed counter affidavit. Paragraphs 6 and 7 of the counter affidavit read as follows:

"6. I respectfully state that the Petitioner's firm has applied for the fee and charges paid to the original plan on 08.01.2021 to the 3rd Respondent, the 3rd Respondent by his proceedings dated 29.01.2021 recommended for the refund of the same. In furtherance, the 2nd Respondent by his proceedings dated 29.11.2021 has sanctioned the clearance of the refund of the fee and charges pursuant thereto on 12.01.2022, all the fees and the bank guarantee submitted for security deposit were released except the I&A Charges, shelter fund and centage charges, since payment made under Government Head of Account. 2/4

7. I respectfully state that the 3rd Respondent has taken all the strenuous steps to get the sanction from the 1st Respondent for the refund of I&A Charges, shelter fund and centage charges and accordingly proposal was sent through the 2nd Respondent to the 1st Respondent. Now, the 1st Respondent has in his letter No.

3318264/UD4(1)/2022-4 dated 01.02.2024 has accorded sanction for refund of Rs.53,33,500/- and therefore the said sanction amount will be refunded to the Petitioner by following due official process. Therefore, the Writ Petition has become infructuous and therefore liable to be dismissed."

The admitted amount shall be paid to the petitioner by the third respondent within a period of ten weeks from the date of receipt of a copy of this order.

3.This writ petition is allowed accordingly. There shall be no order as to costs.

01.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN,J.

MGA To 1.The Principal Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai.

2.The Director, Directorate of Town and Country Planning, DTCP Complex, 2nd , 3rd and 4th Floor, E and C Market Road, Koyembedu, Chennai.

3.The Joint Director, DTCP, Trichy Town and Country Planning Authority, Kajamalai Main Road, Trichirappalli.

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