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2012 DIGILAW 1129 (MAD)

R. Natarajan v. Chief Executive Officer

2012-03-01

R.SUDHAKAR

body2012
Judgment 1. This Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 16.4.2002 Ref:K2/14393/01 and the consequential communication dated 31.7.2002 Ref:K2/14393/02 fixing the quarterly installment payable by the petitioner for his Shop No.D-83 in Koyambedu Wholesale Market Complex at Rs.1,32,063/-and levying penal interest at the rate of 18% per annum from 17.9.2001 to 31.3.2002 and quash the same and consequently direct the respondent authority to fix the quarterly installment payable by the petitioner for his Shop No.D-83 in Koyambedu Wholesale Market Complex without levying any interest up to 1.7.2002 and adjusting the entire payment made by the petitioner up to 20.3.2002. 2. Petitioner was allotted a particular shop by the respondent and the petitioner paid sum initial payment on 31.12.2001. The balance amount has to be paid in 40 quarterly installment. While calculating the amount to be paid, it appears that interest has been claimed, on which the petitioner is aggrieved. According to the petitioner, the same is arbitrary. The writ petition is filed challenging the said communication demanding payment including interest. 3. Petitioner has in this regard made several representations earlier one on 24.5.2002 and another on 16.7.2002. In view of the dispute raised by the petitioner on the interest, this Court is not inclined to go into the factual aspects at this stage, except to direct the petitioner to approach the authority by way of fresh representation seeking waiver of interest and such other relief as may be applicable under law and such representation as and when made, the respondent shall consider and disposed of the same within six weeks from the date of receipt such representation. 4. This Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.