T.Seethalakshmi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.18300 of 2023 1.Tmt.T.Seetha Lakshmi 2.T.Krishnamohan 3.Tmt.T.Kumaradevi 4.Tmt.T.Singaravalli 5.Tmt.Senthil Rajeswari .. Petitioners vs.

The Commissioner Nagappattinam Municipality Nagappattinam.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus Directing the respondent to execute the sale deed in respect of the land and building relating to No. 10 kamarajar colony Velippalayam and Post 611 001 Nagappattinam Municipality Nagapattinam District in terms of the GOMS 96 Municipal Administration and water Supply Department dated 19.07.2011

For Petitioners : Mr.S.Kamadevan For Respondent : Mrs.S.Mythreye Chandru Special Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondent to execute the sale deed in favour of the petitioners with respect to the subject property.

2.When the writ petition came up for admission on 22.06.2023, this Court passed the following order:

Mrs.S.Mythreye Chandru, learned Special Government Pleader, takes notice for the respondent.

2. Considering the facts and circumstances of the case, it is not known as to why the sale deed has not been executed in favour of the petitioners in spite of the entire amount being paid as early as in the year 1986 itself and the Government also having approved for execution of the sale deed through G.O.(Ms) No.96, dated 19.07.2011.

3. In the view of the same, learned Special Government Pleader shall take instructions and report before this Court. Post this case under the caption 'for orders' on 27.06.2023. 22.06.2023. 3.When the matter was taken up for hearing today, the learned Special Government Pleader produced the written instructions received from the respondent. It is seen from the written instructions that if the petitioners are willing to incur the

registration charges, the respondent is willing to execute the sale deed in favour of the petitioners. The learned Counsel for the petitioners submitted that the petitioners are willing to pay the registration charges and hence, a direction may be given to the respondent to execute the sale deed. 4.In the light of the above development, there shall be a direction to the respondent to execute the sale deed in favour of the petitioners subject to the petitioners incurring registration charges. This process shall be completed by the respondent within a period of four weeks from the date of receipt of a copy of this order.

5.This writ petition is disposed of in the above terms. No costs. 27.06.2023 2/2 Index : Yes/No Internet : Yes/No KP To The Commissioner Nagappattinam Municipality Nagappattinam.

N. ANAND VENKATESH, J.

kp W.P No.18300 of 2023 27.06.2023