Madras High Court
K.Ramanjaneyalu vs The Member Secretary on 20 June, 2023
W.A.Nos.1691, 1688 & 1735 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.Nos.1691, 1688 & 1735 of 2021
K.Ramanjaneyalu .. Appellant in
all W.As.
Vs.
1. The Member Secretary
Chennai Metropolitan Development Authority
No.1, Gandhi Irwin Road
Egmore, Chennai 600 008.
2. The Chief Executive Officer
Chennai Metropolitan Development Authority
No.1, Gandhi Irwin Road Respondents
Egmore, Chennai 600 008. .. in all W.As.
Prayer: Appeals filed under Clause 15 of the Letters Patent against the
common order 06.03.2018 in W.P.Nos.40057 of 2016, 24577 of 2010
and 40058 of 2016.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.Nos.1691, 1688 & 1735 of 2021
For the Appellant : Mr.N.Kumar Rajan
For the Respondents : Ms.P.Veena Suresh
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.N.Kumar Rajan, learned counsel for the
appellant and Ms.P.Veena Suresh, learned counsel for the
respondents.
2. The appellant assails the order of the learned Single Judge
dismissing the writ petitions.
3. Learned counsel for the appellant submits that the
appellant had filed the writ petitions challenging the communication
of the respondents cancelling the allotment to the appellant,
rejecting the request of the appellant for re-allotment of the plot
and second time cancelling the allotment to the appellant.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1691, 1688 & 1735 of 2021
4. Learned counsel for the appellant submits that the
appellant, because of ill health, could not pay the amount. The
appellant was allotted the writ land for the purpose of parking
trucks. The appellant had paid 25% of the amount. But, the
remaining amount could not be paid as the appellant was not well.
The respondents were thereafter demanding huge interest which
the appellant was not required to pay.
5. Learned counsel for the appellant submits that the
appellant is ready to pay the amount along with interest also. The
respondents are not ready to accept the same. The plot is not yet
auctioned. It is lying vacant. There is no impediment for the
respondents to allot the said plot to the appellant by charging
interest.
6. Whether the said plot is to be allotted to the appellant,
even after the default is committed and allotment is cancelled, is
the choice of the respondents.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1691, 1688 & 1735 of 2021
7. The appellant was allotted the writ plot way back in the
year 2000. The consideration required to be paid by the appellant is
Rs.14,58,618/-. The appellant did not deposit the entire amount for
a long time. The appellant had only deposited a sum of
Rs.3,64,742/- on 17.04.2000. Thereafter, around 10 to 12 notices
were issued by the respondents to the appellant, but to no avail. In
the year 2010 also, an opportunity was given to the appellant to
pay the amount with interest, namely Rs.34,21,278/-. The appellant
objected to the payment of interest and raised the defence of
respondents not making arrangement to have 60 feet road in the
layout and thereafter, came with a plea that he is only ready to pay
the arrears amount of Rs.14,62,950/-.
8. The correspondence on record and the stand of the present
appellant would indicate that the appellant was not ready and
willing to perform his part of the promise. The learned Single Judge
has not committed any error in rejecting the petition.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1691, 1688 & 1735 of 2021
9. The appeals, as such, are dismissed. There will be no order
as to costs. Consequently, CMP Nos.10782, 10773 and 10875 of
2021 are also dismissed.
(S.V.G., CJ.) (P.D.A., J.)
20.06.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Member Secretary
Chennai Metropolitan Development Authority
No.1, Gandhi Irwin Road
Egmore, Chennai 600 008.
2. The Chief Executive Officer
Chennai Metropolitan Development Authority
No.1, Gandhi Irwin Road
Egmore, Chennai 600 008.
https://www.mhc.tn.gov.in/judis
W.A.Nos.1691, 1688 & 1735 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.Nos.1691, 1688 & 1735 of 2021
20.06.2023
https://www.mhc.tn.gov.in/judis
