Judgment :- 1. Heard the learned counsel appearing for the petitioners and the learned counsel appearing on behalf of the respondents. 2. It has been stated that, from 22.11.2002 to 2.12.2002, the first respondent had conducted a ‘sale mela’ of the housing plots, at Nolambur Area, in Phase II of the Nolambur Housing Scheme. The petitioners had participated in the 'sale mela', on 29.11.2002. The petitioners had chosen one of the vacant plots available for sale from the sketch furnished to them. They had chosen M.I.G. Plot No.118, measuring an extent of 1750 sq.ft. They had purchased an application form, bearing No.010955, on payment of Rs.5,200/-. In the said application form, the plot number had been mentioned as M.I.G.118. Thereafter, the petitioners had submitted the application form containing the necessary particulars, to the second respondent, on 3.12.2002, along with a sum of Rs.2,23,000/-, which was 25% of the total cost of the plot. The total cost of the plot had been fixed as Rs.8,92,000/-. 3. It had been further stated that there was no response from the respondents, for a long time. Therefore, the petitioners had sent a representation, dated 27.3.2003, to the various authorities concerned. While so, the petitioners had been informed by the second respondent that the said plot had been allotted to one Malathy. Therefore, the petitioners had preferred a writ petition before this court, in W.P.No.27638 of 2004, to direct the respondents therein to issue an order of allotment relating to Plot No.118, after the cancellation of the allotment made in favour of Malathy. By an order, dated 2.11.2004, made in W.P.M.P.No.33639 of 2004, an order of interim injunction had been passed restraining the respondents from collecting the monthly installments from any third party, in respect of the Plot bearing No.M.I.G.118, and to restrain the respondents from handing over the physical possession of the said plot to other persons, pending disposal of the writ petition. 4. It had been further stated that the respondents herein had filed a counter affidavit, in W.P.No.27638 of 2004, admitting the fact that the petitioners had applied for the allotment of M.I.G. Plot No.118 and that they had paid a sum of Rs.2,23,000/-, being 25% of the initial deposit for the said plot. It had also been stated that, by oversight, the 'Government Discretionary Quota Plots' had also been booked. It had also been stated that, by oversight, the 'Government Discretionary Quota Plots' had also been booked. Since, the state Government had not approved the allotment made in respect of the plots falling under the said quota, the petitioner had been offered vacant plots in Ambattur Phase III and Mogappair West scheme. 5. It had also been stated that, in similar circumstances, a writ petition had been filed by one M.H.Zakkir Hussain, in W.P.No.27080 of 2004. Pursuant to an order, dated 19.12.2007, the respondents had allotted Plot No.21, M.I.G. Type at Nolambur, Phase II scheme to M.H.Zakkir Hussain. In such circumstances, the petitioners had filed another writ petition, in W.P.NO.12211 of 2008, for the allotment of a housing plot, based on the order passed in W.P.No.27080 of 2004. This Court, by an order, dated 29.5.2008, had directed the respondents to allot Plot No.20, M.I.G. Type at Nolambur Phase II, to the petitioners, within a period of four weeks from the date of the said order passed by this Court. As the respondents had not complied with the said order, notices had been issued and contempt proceedings had also been initiated. Thereafter, the respondent Board had resolved to allot plot No.20 M.I.G. Type, at Nolambur Phase II to the petitioners. After the allotment had been made, the petitioners had received a letter from the second respondent, dated 9.12.2008, signed on 14.12.2009, fixing the cost of the plot at Rs.46,94,560/-. The petitioners had been asked to pay the initial deposit of Rs.15,63,300/-, being 35% of the cost, within 21 days from the date of receipt of the said letter. By the same letter, dated 9.12.2008, the petitioners had been asked to pay the balance amount of Rs.29,03,260/-, in one lumpsum or in 60 equated monthly installments of Rs.71,990/- per month, commencing from the month of January, 2010. 6. Aggrieved by the said letter, dated 9.12.2008, sent by the second respondent, the petitioners had filed the present writ petition before this Court, under Article 226 of the Constitution of India. 7. In the counter affidavit filed on behalf of the second respondent, dated 27.2.2012, it has been stated that the petitioners had been allotted Plot No.20, M.I.G. Type, at Nolambur Phase II, pursuant to the order, dated 29.5.2008, made in W.P.No.12211 of 2008. 7. In the counter affidavit filed on behalf of the second respondent, dated 27.2.2012, it has been stated that the petitioners had been allotted Plot No.20, M.I.G. Type, at Nolambur Phase II, pursuant to the order, dated 29.5.2008, made in W.P.No.12211 of 2008. The Pricing Committee, which is the final authority to fix the cost of the plot of the Tamil Nadu Housing Board, had recommended to fix the cost at Rs.2,080 per sq.ft., in respect of plot No.20, M.I.G. Type, at Nolambur Phase II scheme and it had also been approved by the Board, in its resolution No.6.11, dated 30.10.2009. Based on the recommendation of the Committee, the cost of plot No.20 M.I.G. Type, at Nolambur phase II, measuring 2257 sq.ft. was fixed at Rs.46,94,560/-. The cost of the plot had been fixed as per the rules and the regulations of the Board. Hence, there is no infirmity and illegality in the fixation of the cost of the plot allotted to the petitioner. 8. An affidavit dated 25.3.2012, had also been filed by the second respondent. Paragraphs 4, 5 6, 7 and 8 of the said affidavit read as follows: "4.) I submit that the value of the plot in the end of June, 2008 is Rs.19,88,950/-. 5.) I submit that the order copy in the writ petition No.12211/2008 has been received on 19.6.2008. The value of the plot on the end of the fourth week is Rs.20,16,350/-. 6.) I submit that the cost should be approved by the pricing committee headed by the Managing Director of Tamil Nadu Housing Board, then the subject to be placed before the Board Meeting for approval. Due to this process the fixation of cost was delayed. 7.) I submit that as per the resolution, the allotment order dated 9.12.2009 was issued to the petitioner by fixing the cost of the plot No.20 MIG Type at Nolambur Phase II scheme according to its extent of 2257 sq.ft. as Rs.46,94,560/-. 8.) I submit that 20% of the interest should be paid by the default payment to the Board. As per the Tamil Nadu Housing Board norms allottee has to make payment of the plot along with the interest. There is no provision to waive the interest." 9. as Rs.46,94,560/-. 8.) I submit that 20% of the interest should be paid by the default payment to the Board. As per the Tamil Nadu Housing Board norms allottee has to make payment of the plot along with the interest. There is no provision to waive the interest." 9. Mr.R.Yashod Vardhan, the learned senior counsel appearing on behalf of the petitioners had submitted that the respondent Housing Board ought to have allotted Plot No.20, M.I.G. Type, at Nolambur Phase II, as per the directions issued by this Court, by its order, dated 29.5.2008, made in W.P.No.12211 of 2008. If the respondent Board had allotted the Plot in question, as per the directions issued by this Court, by its order, dated 29.5.2008, made in W.P.No.12211 of 2008, the petitioners would have been liable to pay only Rs.20,16,350/-, as the cost of the plot, as it was the price prevailing at the relevant point of time. It is clear that the value of the plot in question at the relevant point of time was Rs.20,16,350/-, as noted from the affidavit, dated 25.3.2012, filed on behalf of the second respondent. 10. The learned senior counsel appearing on behalf of the petitioners had also submitted that the petitioners cannot be compelled to pay a sum of Rs.46,94,560/-, as fixed by the Pricing Committee, and approved by the Board, in its resolution No.6.11, dated 30.10.2009. 11. The learned senior counsel appearing for the petitioners had further submitted that the petitioners would be liable to pay only a sum of Rs.20,16,350/-, as the total cost of the plot allotted to the petitioner, along with the applicable rate of interest. 12. Per contra, the learned counsel for the respondents had submitted that the cost of the Plot No.20, M.I.G. Type, at Nolambur Phase II, having an extent of 2,257 sq.ft., had been fixed by the Pricing Committee headed by the Managing Director of the Tamil Nadu Housing Board, at Rs.46,94,560/-. 13. He had further submitted that the rate of interest payable by the petitioners, due to the default of the payment of the amount by the petitioners, in respect of the plot allotted to them, is 20%. 13. He had further submitted that the rate of interest payable by the petitioners, due to the default of the payment of the amount by the petitioners, in respect of the plot allotted to them, is 20%. Since, the allotment order, dated 9.12.2009, had been issued to the petitioners fixing the cost of the plot at Rs.46,94,560/-, the petitioners are not entitled to claim that they are liable to pay only a sum of Rs.20,16,350/-, which was the price prevailing at the relevant point of time in the year, 2008. 14. In view of the averments made on behalf of the petitioners, as well as the respondents, and in view of the contentions raised by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, this Court finds it appropriate to direct the respondent Housing Board to execute the sale deed relating to the plot No.20, M.I.G. Type, at Nolambur Phase II, in favour of the petitioners, on their paying a sum of Rs.20,16,350/-, which was the price of the said plot in question, at the relevant point of time in the year, 2008, along with the applicable rate of interest, as per the relevant rules and regulations of the Tamil Nadu Housing Board. 15. It is noted that this Court, by an order, dated 29.5.2008 in W.P.No.12211 of 2008, had directed the respondents to allot Plot No.20, M.I.G. Type, at Nolambur Phase II, to the petitioners, within a period of four weeks from the date of the said order. If the respondent Housing Board had allotted the said plot in question, in favour of the petitioners, in the year, 2008, as directed by this Court, by its order, dated 29.5.2008 in W.P.No.12211 of 2008, the petitioners would have been liable to pay sum of Rs.20,16,350/-. However, the plot in question had been allotted to the petitioners only by an allotment order, dated 9.12.2009, asking the petitioners to pay a sum of Rs.46,94,560/-, said to be the price fixed by the Pricing Committee and approved by the Board, by its Resolution No.6.11, dated 30.10.2009. In such circumstances, the petitioners cannot be made liable to pay the enhanced price of the plot in question as fixed by the Pricing Committee, during the end of the year, 2009. 16. In such circumstances, the petitioners cannot be made liable to pay the enhanced price of the plot in question as fixed by the Pricing Committee, during the end of the year, 2009. 16. It is not in dispute that the order of this Court, dated 29.5.2008 made in W.P.No.12211 of 2008, had become final, as it had not been challenged by the respondent Tamil Nadu Housing Board. As such, the contentions raised on behalf of the respondents, claiming that the petitioners are liable to pay a sum of Rs.46,94,560/-, are unsustainable in the eye of law. Accordingly, the writ petition is disposed of with the above directions. Connected M.P.No.2 of 2009 is closed.