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Madras High CourtWP/15144/2017disposed of

D.Santha, v. The Registrar Of Cooperative

2017-06-16Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2017

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.15144 of 2017 D. Santha ..Petitioner Vs.

1. The Registrar of Co-operative Societies (Housing) No.493, Anna Salai, (TNHEB) Nandanam, Chennai - 600 035.

2. The Deputy Registrar of Co-operative Societies (Housing) No.4/26, South Kavarai Street, Manjakuppam, Cuddalore - 607 001.

3. The Co-operative Sub Registrar/Liquidator SBI Staff Co-operative Housing Society Ltd., No.4/26, South Kavarai Street, Manjakuppam, Cuddalore - 607 001.

..Respondents PRAYER:The Writ Petition is filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 20.02.2017 regarding to execute a sale deed in favour of the Petitioner in respect of the property situated at Plot No.22, Vandipalayam Road, Cuddalore-4, bearing Old No.22, New No.14 at State Bank Staff Colony, Cuddalore admeasuring to an extent of 3000 Sq.ft.

For Petitioner :Mr.K.Govindaraj For RR1 to R3 :Mr.V.Selvaraj, Additional Government Pleader.

ORDER:

The petitioner has filed this writ petition to direct the respondents to consider the Petitioner's representation dated 20.02.2017 to execute a sale deed in favour of the

Petitioner in respect of the property situated at Plot No.22, Vandipalayam Road, Cuddalore-4, bearing Old No.22, New No.14 at State Bank Staff Colony, Cuddalore admeasuring to an extent of 3000 Sq.ft.

2. By consent of the parties, the writ petition is, at the admission stage itself, taken up for final disposal.

3. According to the learned counsel for the petitioner, while the petitioner's husband was working in the O.T. Branch, State Bank of India, Cuddalore, a residential plot bearing plot No.22, situated at Vandipalayam Road, Cuddalore was allotted by the third respondent / Staff Co-operative Housing Society Limited, Cuddalore to the petitioner's husband. The said property was offered as security by the petitioner's husband for the Housing Loan taken from the O.T.Branch, State Bank of India, Cuddalore. The petitioner's husband died on 05.03.1992. Then, the legal heirs of the petitioner's husband settled the entire loan amount and executed a letter of consent on 03.02.2011 for executing a sale deed in favour of the petitioner. The Chief Manager of State Bank of India, Cuddalore O.T.

Branch, Cuddalore has also executed a Release Deed in favour of SBI Staff Cooperative Housing Society Limited, Cuddalore. The petitioner made a representation by including necessary documents on 28.07.2015 and further on 20.02.2017 to the respondents to register the property in favour of the petitioner. But, the representations are still pending. Hence, the petitioner has filed this writ petition for the above said limited prayer.

4. In view of the above, as the Prayer in the writ petition is with limited scope, without going into the merits of the case, the second respondent is directed to consider the petitioner's representation dated 20.02.2017 as expeditiously as possible, on merits and in accordance with law, preferably within a period of eight weeks from the date of receipt of a copy of this Order.

5. The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar lok

To

1. The Registrar of Co-operative Societies (Housing) No.493, Anna Salai, (TNHEB) Nandanam, Chennai - 600 035.

2. The Deputy Registrar of Co-operative Societies (Housing) No.4/26, South Kavarai Street, Manjakuppam, Cuddalore - 607 001.

3. The Co-operative Sub Registrar/Liquidator SBI Staff Co-operative Housing Society Ltd., No.4/26, South Kavarai Street, Manjakuppam, Cuddalore - 607 001.

+1cc to Mr.K.Govindaraj, Advocate SR.No.42966 +1cc to the Government Pleader, SR.No.42828 W.P.No.15144 of 2017 RJ(CO) GN(07/07/2017)