Madras High Court
S.Chithra vs Tamil Nadu Housing Board on 3 October, 2023
W.A.No.2690 of 2023
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
W.A.No.2690 of 2023
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.
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W.A.No.2690 of 2023
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 non-
grant 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
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W.A.No.2690 of 2023
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
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W.A.No.2690 of 2023
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
Neutral Citation : 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.
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https://www.mhc.tn.gov.in/judis
W.A.No.2690 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(kpl)
W.A.No.2690 of 2023
03.10.2023
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