D.Ananthapadmanabhan v. Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD D.Ananthapadmanabhan ...

Petitioner Vs.

1.Member Secretary, Chennai Metropolitan Development Authority, No.1, Thalamuthu - Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. Senior Estate Officer, Chennai Metropolitan Development Authority, No.1, Thalamuthu - Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

...

Respondents PRAYER: The writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to issue a sale deed in the petitioner's favour i.e., in name of D.Ananthapadmanabhan with respect to shop No.300 in Block-A, Type - I in the Food Grains Market Koyembedu and pass such further or other orders as this Hon'ble Court may deem fit and appropriate in the circumstances of this case.

For Petitioner ... Mr.R.Hashwanth For Respondents ... Mr.Akhil Akbar Ali Standing Counsel

O R D E R

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The writ petition has been filed to direct the respondents to issue a sale deed in favour of the petitioner namely D.Ananthapadmanabhan with respect to shop No.300 in Block-A, Type - I in the Food Grains Market Koyembedu.

2.The learned counsel appearing for the petitioner would submit that the petitioner had applied for an allotment of a shop in Food grains Market at Koyambedu vide application No.FGM 829, dated 10.07.2003. A letter of allotment confirmation dated 12.07.2013 came to be issued bearing letter No.FM/3314/13 allotting shop No.300 in Block - A, Type - I in the Food Grains Market Koyembedu. For the purchase of the said allotted shop, he applied for a loan with Canara Bank and the same was sanctioned in the petitioner's name and the said loan was closed after paying the principle along with interest.

2.1.The learned counsel further submits that the respondents prepared a draft sale deed in favour of the petitioner and handed it over to the petitioner in the month of August, 2024. On pursuing the same, he came to know that the draft sale deed was issued in favour of a partnership firm. At the time of application, the respondents had issued an application 2/5

on Hire Purchase Scheme, wherein Rs.6,446/- per Sq.ft., was fixed for Chennai City Traders and Rs.7,259/- per Sq.ft. for other traders situated outside Chennai. He was carrying out business as a partner of M/s.D.Ananthapadmanabhan & Bros, hence, the address of the partnership firm was given.

2.2.The learned counsel further submitted that the application for allotment was applied and signed in his individual capacity and not as partnership firm and he sent a letter dated 25.01.2025 exposing his grievance to the respondents but till date, the said letter has not been looked upon and no action has been taken by the respondents. 3.The learned standing counsel appearing for the respondents would submit that since there was an undertaking given in the name of partnership firm M/s.D.Ananthapadmanabhan & Bros., the draft sale deed was issued in favour of the partnership firm. Now, if the petitioner is giving an application to issue the sale deed in favour of his name and the same will be considered on merits and in accordance with law, within a time stipulated by this Court.

4.Heard the learned counsel appearing on either side and also 3/5

perused the materials available on records.

5. In view of the above submissions made by the learned counsel on either side, the respondents are directed to issue the registered sale deed in favour of the petitioner's name D.Ananthapadmanabhan in respect of shop No.300 in Block - A, Type - I in the Food Grains Market Koyembedu within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of with the above direction. No costs. Speaking (or) Non Speaking Order Index : Yes/ No 19.03.2025 sms To 1.Member Secretary, Chennai Metropolitan Development Authority, No.1, Thalamuthu - Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. Senior Estate Officer, Chennai Metropolitan Development Authority, No.1, Thalamuthu - Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

J.SATHYA NARAYANA PRASAD, J.

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