Madras High Court
P.Dhamodaran vs The Managing Director on 7 September, 2022
W.A.Nos.1002 & 1004 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2022
CORAM
The Hon'ble Mr. Justice T. RAJA
and
The Hon'ble Mr. Justice P.D. AUDIKESAVALU
W.A.Nos.1002 & 1004 of 2020
and C.M.P.Nos.12288 & 12290 of 2020
W.A.No.1002 of 2020
P.Dhamodaran .. Appellant
vs
1.The Managing Director
Tamil Nadu Housing Board,
Mount Road,
Nandhanam, Chennai.
2.The Executive Engineer and Administrating Officer
Tamil Nadu Housing Board,
Vellore Housing Unit,
Sathuvachari,
Vellore. .. Respondents
W.A.No.1004 of 2020
C.Govindhaswamy .. Appellant
vs
1.The Managing Director
Tamil Nadu Housing Board,
Mount Road,
Nandhanam, Chennai.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1002 & 1004 of 2020
2.The Executive Engineer and Administrating Officer
Tamil Nadu Housing Board,
Vellore Housing Unit,
Sathuvachari,
Vellore. .. Respondents
Prayer in W.A.No.1002 of 2020: Appeal filed under Clause 15 of
Letters Patent against the order dated 03.03.2020 made in
W.P.No.24044 of 2019.
Prayer in W.A.No.1004 of 2020: Appeal filed under Clause 15 of
Letters Patent against the order dated 03.03.2020 made in
W.P.No.24049 of 2019.
For Appellant : Mr.R.Krishna Kumar
in both the appeals
For Respondents : Mr.D.Veerasekaran
in both the appeals
COMMON JUDGMENT
(Delivered by T.RAJA, J.)
These writ appeals are directed against the order dated
03.03.2020 passed in W.P. Nos.24044 and 24049 of 2019, whereby
the learned single Judge dismissed the writ petitions and directed the
Tamil Nadu Housing Board to refund the earnest money deposit with
interest at the rate of 6% per annum, if the writ petitioners chose to
receive back the earnest money deposit.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1002 & 1004 of 2020
2. The writ petitioners participated in the auction conducted by
the Tamil Nadu Housing Board and also paid 25% of the bid amount
as earnest money deposit. However, the said bid was not confirmed
for the reason that the notification inviting tender was published only
in Tamil daily and not in English daily. Aggrieved against the same,
the writ petitioners filed the above writ petitions and the learned
single Judge dismissed the said writ petitions as stated above.
Challenging the order of learned single Judge, the writ petitioners are
before us with these writ appeals.
3. Learned counsel for the appellants submits that the learned
single Judge failed to consider the fact that the Tamil Nadu Housing
Board committed procedural error by not publishing the tender
notification in English daily and on previous occasions, the Housing
Board confirmed the bid in the cases where the notification was
published only in Tamil daily. Learned counsel therefore submitted
that the appeals be allowed.
4. Learned counsel for the respondents/ Tamil Nadu Housing
Board, relying on the counter affidavit, submitted that the Sale
Confirmation Committee after scrutiny of the auction report passed a
https://www.mhc.tn.gov.in/judis
W.A.Nos.1002 & 1004 of 2020
resolution, rejecting the auction as the advertisement was made only
in Tamil daily instead of Tamil and English dailies, which is against
the norms for allotment of commercial units in Tamil Nadu Housing
Board. He has further submitted that the rejection of auction was
intimated to the writ petitioners vide letter dated 09.07.2019 and the
writ petitioners were also informed either to get the refund of 25% of
the bid amount paid by them or keep the amount with the Housing
Board for payment of the same for the future auctions.
5. Heard the learned counsel for the respective parties.
6. In the case on hand, tenders were invited for public action for
sale of commercial sites and subsequently, came to be cancelled for
the reason that the notice of tender cum public auction should be
published in both Tamil and English dailies. Thereafter, the plots for
which the writ petitioners have applied were not even brought for
public auction. Learned single Judge has rightly held that no prejudice
would be caused to the writ petitioners as they are entitled to
participate in the fresh auction and the Tamil Nadu Housing Board is
also ready to refund the earnest money deposit.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1002 & 1004 of 2020
7. Therefore, we do not find any infirmity in the order of learned
single Judge. Therefore, these writ appeals stand dismissed. The
respondents/ Tamil Nadu Housing Board is directed to refund the
earnest money deposit along with interest as ordered by the learned
single Judge, on or before 30.09.2022. No costs. Consequently,
connected miscellaneous petitions are closed.
(T.R., J) (P.D.A., J.)
07.09.2022
Index:Yes/No
mmi
To
1.The Managing Director
Tamil Nadu Housing Board,
Mount Road,
Nandhanam, Chennai.
2.The Executive Engineer and Administrating Officer
Tamil Nadu Housing Board,
Vellore Housing Unit,
Sathuvachari,
Vellore.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1002 & 1004 of 2020
T. RAJA.,J
and
P.D. AUDIKESAVALU .,J
mmi
W.A.Nos.1002 & 1004 of 2020
07.09.2022
https://www.mhc.tn.gov.in/judis
