Dhanammal v. The Registrar Co-Operative Society

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20520 of 2023 Dhanammal

...Petitioner

Vs.

1.The Registrar Cooperative Society (Housing) No.900/38, Ritherdan Road Vepery, Chennai 600 007.

2.The Deputy Registrar Cooperative Society (Housing) No.55, Medavakkam Tank Road Kellys, Kilpauk Chennai 600 010.

3.The Buckingham & Carntic Employee Cooperative Housing Construction Society No.144, Kamaraj Nagar, 1st Street Vyasarpadi, Chennai 600 039.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to execute the sale deed to petitioner for the Plot No.290, Mogappair Scheme II, Chennai, measuring about 2400 sq.ft., alloted to the petitioner's husband late.Murugesan.

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For Petitioner : Mr.J.Sudhakaran For Respondents : Mrs.S.Anitha for R1 & R2 Special Government Pleader : Mr.A.Edwin Prabakar for R3

O R D E R

The petitioner herein seeks a direction to the third respondent to execute a sale deed to the petitioner in respect of the Plot No.290, Mogappair Scheme II, Chennai, which was originally alloted to the husband of the petitioner.

2. According to the petitioner, the Plot No.290, Mogappair Scheme II, Chennai, measuring about 2400 sq.ft., was alloted to the husband of the petitioner namely, Murugesan, who was a member of the third respondent society.

3. It is also stated by the petitioner that the entire cost of the Plot was paid to the third respondent even during the life time of her husband. However, the third respondent has not executed the sale deed sofar. 2/4

4. The petitioner sent a representation to the respondents 1 to 3 on 08.05.2023 requesting the third respondent to execute a sale deed in her favour. The grievance of the petitioner is that the representation dated 08.05.2023 has not been considered by the respondents till date.

5. Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondents 1 & 2 and Mr.A.Edwin Prabakar, learned counsel takes notice for the third respondent.

6. In view of the limited prayer made in this Writ Petition, without expressing any opinion on the merits of the case, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 08.05.2023 and pass final orders on merits and in accordance with law, after affording an opportunity to the petitioner, within a period of six weeks from the date of receipt of copy of this order. 3/4

S.SOUNTHAR , J.

dna

7. With the above direction, this Writ Petition is disposed of. No costs.

12.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To 1.The Registrar Cooperative Socieyt (Housing) No.900/38, Ritherdan Road Vepery, Chennai 600 007.

2.The Deputy Registrar Cooperative Society (Housing) No.55, Medavakkam Tank Road Kellys, Kilpauk Chennai 600 010.

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