Mrs.Lavanya Donthamshetty, v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.03.2017
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.No.6233/2017 & WMP.No.6724/2017 Mrs.Lavanya Donthamshetty ...
Petitioner
Versus
1.The Inspector General of Registration No.100, Santhome High Road Chennai 600028.
2.The Sub Registrar Chennai South Joint-II Saidapet, Chennai 600015.
3.Mr.T.Karthikeyan ...
Respondents R3 impleaded vide order dated 17.03.2017 made in WMP.No.7145/2017 in WP.No.6233/2017 Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider the representation dated 15.02.2017 and make necessary entries in the encumbrance and publish the entries to the public by which the 3rd party will not be cheated to curtail the fraudulent act.
For Petitioner :
Ms.S.Aparna For RR 1 & 2 :
Mr.A.N.Thambidurai, Spl.GP
ORDER
By consent, the writ petition is taken up for final disposal.
Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2. The petitioner would state that she had purchased Flat No.1 along with the right of undivided share of 451.09 sq.ft., comprised in S.No.57/1C, Chettiyaragaram Village, Ambattur Taluk, Tiruvallur District, through a registered Agreement of
Sale dated 27.08.2013 in Doc.No.8709/2013 and the said property has been developed by M/s.Happy Homes Promoters India [P] Limited, in the name and stsyle of "Green Jade". The petitioner would further aver that the land admeasuring to an extent of 1669 sq.ft., [36 cents] is owned by Mr.J.Loganathan and he in turn, had executed a Power of Attorney in favour of the 3rd respondent and he in turn, developed an Apartment Complex known as "Green Jade" in the said property representing M/s.Happy Homes Promoters India [P] Limited and he entered into the above said Agreement of Sale and it is the claim of the petitioner that she paid the entire sale consideration of Rs.
19,25,780/- in two instalments and in spite of it, the Sale Deed is not yet executed and the 2nd respondent, acting in an illegal and fraudulent manner in selling the same Apartment, which have been allotted/purchased in favour of some third party. The petitioner in this regard, has also submitted a representation dated 15.02.2017 to the 1st respondent, not to register such a kind of Sale Deeds presented by the 2nd respondent on behalf of M/s.Happy Homes Promoters India [P] Limited and despite receipt and acknowledgment, so far no orders have been passed and therefore, the petitioner came forward to file the present writ petition.
The learned counsel for the petitioner would submit that as per Section14 of the Real Estate [Regulation and Development] Act, 2016 [Central Act 16 of 2016], certain obligations is cast upon the promoters u/s.14 to 18 and the 2nd respondent has failed to adhere to the said statutory provision and therefore, prays for appropriate orders.
The Court heard the submissions of Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1 and 2 and perused the material placed before it. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to put the 3rd respondent on notice and thereafter, consider and dispose of the petitioner's representation dated 15.02.2017 on merits and in accordance with law and pass orders within a period eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the 3rd respondent.
The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai 600028.
2.The Sub Registrar, Chennai South Joint-II, Saidapet, Chennai 600015.
+1cc to Mrs.S.Aparna, Advocate Sr.17537 +1cc to the Government Pleader Sr.17033 WP.No.6233/2017 ev[co] srg 24/03/2017