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Madras High CourtWP/12923/2018disposed of

V.Shanmugam, v. The Registrar,

2018-05-24Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.05.2018

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.Nos.12923 and 12924 of 2018 V.Shanmugam ... Petitioner in both W.Ps.

Vs.

1. The Registrar, Tamil Nadu Co-operative Housing Society, No.50, Ritherdon Road, Vepery, Chennai-600 007.

2. The Secretary, XNC 494 Gandhi Nagar Co-operative Housing Society Ltd., 79, Pumping Station Road, Gandhi Nagar, Adyar, Chennai-600 020.

... Respondents in both W.Ps.

Prayer in W.P.No.12923 of 2018:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to complete the development process of the Vadaperumbakkam Cooperative Maha Nagar Phase I & II in Survey Nos.6/1, 6/2, 7 & 5 situated at Vadaperumbakkam Village, Ambattur Taluk, Thiruvallur District, as per the allotment made to the second respondent's members and the general public in pursuant to Agreement for Sale dated 27.07.1998 entered between the petitioner and the second respondent based upon the petitioner's representation dated 15.05.2018 within a time stipulated by this Hon'ble Court and pass further orders.

Prayer in W.P.No.12924 of 2018:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to complete the development process of the Vadaperumbakkam Cooperative Maha Nagar Phase I & II in Survey No.14 measuring to an extent of acre 0.2 1⁄4 cents situated at Vadaperumbakkam Village, Ambattur Taluk, Thiruvallur District, as per the allotment made to the second respondent's members and the general public in pursuant to Agreement for Sale dated 27.07.1998 entered between the petitioner and the second respondent based upon the petitioner's representation dated 15.05.2018 within a time stipulated by this Hon'ble Court and

pass further orders.

For Petitioner :

Mr.M.S.Palanisamy in both W.Ps.

For Respondents :

Mr.L.P.Shanmuga Sundaram, (in both W.Ps.) Special Government Pleader C O M M O N O R D E R The petitioner in these writ petitions is doing real estate business and promoting lands as residential plots. The second respondent approached the petitioner expressing their intention of purchasing the petitioner's lands in various survey numbers. The second respondent did not invest any amount in procuring the said lands, but, diverted the funds received from the prospective buyers and made profits without investing money in the same. In respect of the same, the petitioner submitted various representations to the respondents requesting for the completion certificate.

According to the petitioner, after completion, the second respondent is duty bound to issue completion certificate for the work done, which was neglected by the second respondent and on several occasions, the petitioner has personally approached the second respondent and requested to issue completion certificate, but, that request was not heeded and they ignored the said representations. The completion certificate has to be placed by the Income Tax Authority within a time frame, since non-production of the same would amount to penalizing the petitioner. On account of the same, the petitioner was constrained to approach the second respondent by sending his representations once again on 15.05.2018, to issue completion certificates in pursuant to the Agreements for Sale dated 27.07.1998, but the same were not considered till date.

Thereafter, the petitioner was informed that the completion certificates shall be produced before the Income Tax Authorities on or before 31.05.2018, failing which, penal action will be initiated against the petitioner by the Income Tax Authority. Since there was no fault on the part of the petitioner and only by the lethargic attitude of the respondent, he is put to irreparable loss, the petitioner has approached this Court seeking Writ of Mandamus directing the respondents to issue completion certificates to him in pursuant to the Agreements for Sale on 27.07.1998 entered between him and the second respondent.

2. Heard the learned counsels for the parties.

3. Mr.L.P.Shanmuga Sundaram, learned Special Government Pleader appearing for the respondents would submit that the petitioner has not completed their fulfillment, conditions and

they have not completed their part of work. Hence, a blanket order cannot be issued.

4. In view of the above, this Court directs the respondents to consider the case of the petitioner and scrutinize the papers and if everything is in order, he can be issued with completion certificates. The first respondent is directed to consider the same and pass orders, within a period of six weeks from the date of receipt of a copy of this order and the second respondent is directed to co-operate with the first respondent in finalizing the issue. No costs.

5. With the above directions, these writ petitions stand disposed of. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar abr/Rj To 1.The Registrar, Tamil Nadu Co-operative Housing Society, No.50, Ritherdon Road, Vepery, Chennai-600 007.

2.The Secretary, XNC 494 Gandhi Nagar Co-operative Housing Society Ltd., 79, Pumping Station Road, Gandhi Nagar, Adyar, Chennai-600 020.

+1 CC to Govt. Pleader sr 34147.

+2 Ccs to Mr.M.S. Palanisamy, Advocate sr 34032 & 34033 W.P.Nos.12923 and 12924 of 2018 SP(31/05/2018)