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Madras High CourtWP/766/2020disposed of

Koyambedu Foodgrains Traders v. Chennai Metropolitan Development Authority

2021-06-30Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.766 of 2020 Koyambedu Foodgrains Traders Association, rep. by its President (Registration no.69/16), G/B 31, Koyambedu, Chennai-600 107.

..Petitioner Vs

1. The Chennai Metropolitan development Authority, rep. by its Member Secretary, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

2. The Chief Executive Officer, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Estate Officer(Koyambedu Market Division), Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to forthwith consider the representations of the petitioner dated 04.04.2019 followed by the letters dated 05.08.2019 and 27.08.2019 and execute Sale Deeds for undivided share in land as well as constructed area to the members of the petitioner's Association, who have paid the entire sale consideration for their respective shops. For Petitioner : Mr.Balaji Thiagarajan for Mr.S.Ramesh For Respondents : Mr.S.Thiruvengadam

ORDER

This Writ Petition has been filed seeking a direction to the respondents to forthwith consider the representations of the petitioner dated 04.04.2019 followed by the letters dated 05.08.2019 and 27.08.2019 and execute Sale Deeds for undivided share in land as well as constructed area in favour of the members of the petitioner's Association, who have paid the entire sale consideration for their respective shops. 2.Heard both sides.

3.The learned counsel appearing for the petitioner would submit that the petitioner Association has paid the entire sale consideration amount to the respondent/CMDA and possession was also handed over to the members of the petitioner Association but the respondent/CMDA has not come forward to execute the sale deeds in favour of the members of the petitioner Association. The grievance of the petitioner is that insofar as they are ready and willing to register the documents by way of sale deeds, but the respondent/CMDA is, one way or other, delaying the execution of the sale deeds in favour of the members of the petitioner Association. Hence, the present Writ Petition has been filed by the petitioner Association before this Court.

4.Mr.S.Thiruvengadam, learned counsel appearing for the respondent/CMDA would fairly submit that if the members of the petitioner Association approached the respondent/CMDA to execute the sale deeds in their favour and the respondent /CMDA also ensured that the sale deeds will be executed in favour of the members of the petitioner Association subject to compliance of certain conditions.

5.The learned counsel for the petitioner further submitted that the matter was adjourned and it has been before this Court for admission and again it has been adjourned. In the meantime, the respondent / CMDA forwarded the draft sale deeds to the members of the petitioner Association and the same corrected and handed over to the respondent/CMDA. Therefore, he seeks further direction to the respondent/CMDA to execute the sale deeds in favour of the petitioner Association.

6.In view of the aforesaid submissions made on either side, it is agreed by both the parties that the draft sale deeds sent to the members of the petitioner Association and the same was submitted to the respondent/CMDA after making corrections. That being the position, the respondent/CMDA has to verify the draft sale deeds and there after, the respondent/CMDA shall proceed to

execute the sale deeds in favour of the members of the petitioner Association subject to compliance of certain conditions. The next grievance of the petitioner is that the draft sale deeds do not contain survey numbers and the maps. For this grievance, the respondent/CMDA should take note of and to proceed with the execution of the sale deeds in favour of the Members of the petitioner Association. The said exercise shall be completed by the respondent/CMDA within a period of eight weeks from the date of receipt of the representations being made by the individual members of the petitioner Association.

7. The Writ Petition stands disposed of, with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn To

1. The Member Secretary, The Chennai Metropolitan development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

2. The Chief Executive Officer, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Estate Officer(Koyambedu Market Division), Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

+1cc to Mr.S.Thiruvengadam, Advocate, S.R.No.30060 W.P.No.766 of 2020 PMK(CO) RGA(19/07/2021)