M. P. Babu v. The Chief Executive Officer Chennai Metropolitan Development Authority, Chennai
2010-10-07
R.BANUMATHI
body2010
DigiLaw.ai
Judgment :- 1. Petitioner seeks writ of certiorarified mandamus to call for the records relating to the impugned order dated 9.3.2004 in letter No.K3/3892/2002 passed by the Respondent – Chennai Metropolitan Development Authority (in short, "C.M.D.A.") demanding additional amounts and interest with retrospective effect from 1.7.1996 and consequently direct the Respondent authority to issue the sale deed in respect of the shop No.DT.117 in Koyambedu Wholesale Fruit Market Complex, Koyambedu, Chennai – 92. 2. The Petitioner was allotted shop under B4 category in Koyambedu Wholesale Fruit Market Complex by C.M.D.A. During the year 1996, the Petitioner opted for a bigger shop under B2/GT category together with proportionate share in the common area. Accordingly, during the year 1996, a bigger shop bearing shop No.DT 117 was allotted to the Petitioner. The allotment was made on the cost of Rs.1,105/- per sq.ft. for additional area. Total amount payable by the Petitioner was Rs.10,20,787/-. 20 percent of the amount i,e., Rs.2,04,158/- was required to be paid by the Petitioner towards initial deposit and balance of Rs.8,16,629/- was required to be paid by way of ten quarterly instalments commencing from 30.6.1996. Each installment amount inclusive of the interest was confirmed as Rs.84,068/- per month. Case of Petitioner is that he has paid amount on various dates. According to the Petitioner, he has paid the entire instalment amounts. By the impugned letter No.K3/3892/2002 dated 9.3.2004 the Petitioner was called upon to remit Rs.5,39,885/- as on 31.3.2004, which is challenged in this writ petition. The grievance of the Petitioner is that Respondent - C.M.D.A. is not disclosing the hidden cost and that the Respondent is not justified in claiming compound interest. 3. The impugned letter refers to Writ Petition Nos.8785 of 1992 and 2849 to 2851 of 1993 and other Writ Petitions as per which interest is stated to be payable at the rate of 18 percent per annum with effect from 1.7.1996. Since the Petitioner has claimed that he has paid the entire amount, which was not properly accounted for by the C.M.D.A., earlier, by the order dated 12.8.2009, C.M.D.A. was directed to file the statement as to the amount due and payable by the Petitioner as well as the instalment amount to be paid by the Petitioner.
Since the Petitioner has claimed that he has paid the entire amount, which was not properly accounted for by the C.M.D.A., earlier, by the order dated 12.8.2009, C.M.D.A. was directed to file the statement as to the amount due and payable by the Petitioner as well as the instalment amount to be paid by the Petitioner. Accordingly, on 21.8.2009, C.M.D.A. has filed the computer generated statement stating that the total due as on 31.8.2009 is Rs.7,50,185/- as under: Total due as on 31.08.09 instalment due = Rs. 4,82,0568/- Excess area = Rs. 2,43,965/-Insurance = Rs. 24,162/- Total = Rs. 7,50,185/- 4. Even though the Petitioner has stated that he has remitted the entire amount due and payable, in order to get the sale deed executed, the Petitioner expressed his readiness to pay the amount claimed by the Respondent along with interest. The total amount payable as on 30.9.2010 is quantified as under: Amount payable as on 31.8.2009 : Rs. 7,50,185.00 as per statement of C.M.D.A. Interest from 1.9.2010 to : Rs.1,35,033.00 31.8.2010 Interest for the month of : Rs. 11,252.00 September, 2010 Total due as on 30.9.2010 : Rs.8,96,471.00 5. The Petitioner has paid the amount of Rs.8,96,471/- by way of Bankers Cheque bearing No.175697 dated 6.10.2010 drawn on State Bank of Hyderabad in favour of C.E.O., C.M.D.A., Chennai and the same is handed over to the learned counsel for the Respondent – C.M.D.A. On instructions, the learned counsel for Respondent – C.M.D.A. submitted that on the payment of Rs.8,96,471/- made by the Petitioner by way of Bankers Cheque, the entire amount payable to Respondent – C.M.D.A. is realised and no more amount is payable by the Petitioner. Mr.I.Paranthaman, learned counsel for Respondent has also submitted that the Respondent – C.M.D.A. would execute the sale deed in favour of the Petitioner in respect of shop No.DT.117 in Koyambedu Wholesale Fruit Market Complex, Koyambedu, Chennai – 92 within a period of four weeks from the date of receipt of copy of the order. 6. Therefore, the payment of Rs.8,96,471/- made by the Petitioner is recorded and the Respondent is directed to execute the sale deed in favour of the Petitioner in respect of shop No.DT.117 in Koyambedu Wholesale Fruit Market Complex, Koyambedu, Chennai – 92 within a period of four weeks from the date of receipt of copy of this order. With the above direction, the Writ Petition is disposed of.
With the above direction, the Writ Petition is disposed of. However, there is no order as to costs.