S.Vaidyanathan v. The Project Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Vaidyanathan
...Petitioner
Vs.
The Project Officer, SIPCOT, Hosur, Krishnagiri District ... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records in Notice Lr.no.P-I/SIC-H/MIG/LIG Flats / 2021 dated 26.04.2023 passed by the Assit.Manager (P-1) and direct the respondent to issue a proper and valid sale deed in conformity to the agreement is already in force for the execution of the sale deed of the property in Flat No.B.16, SIPCOT Industrial Complex, Hosur.
For Petitioner : Mr.S.Vaidyanathan (Party-in-Person) For Respondent : No appearance 1/7
ORDER
This writ petition has been filed challenging the communication of the respondent dated 26.04.2023 thereby directed the Project Officer, SIPCOT Industrial Park, Hosur to send a detailed report on physical verification of the building which was allotted in favour of the petitioner as per the layout and also to inform whether the said building is occupying the road formed and provided in the lay out. 2.
The petitioner was allotted MIG Flat No.B-16, SIPCOT Housing Colony. Thereafter, the petitioner was also duly informed that the Head Office is to execute and register sale deed in favour of the petitioner in respect of MIG Flat No.B-16 and directed the petitioner to get draft sale deed and also to make necessary arrangement for execution of sale deed. The petitioner was issued with draft sale deed for execution of sale deed in his favour. On receipt of communication from the petitioner, the respondent directed the Project Officer of SIPCOT Industrial Park, Hosur to send a detailed report after physical verification of the flat which was allotted in favour of the petitioner as per the lay 2/7
out.
3.
On perusal of the communication of the petitioner, revealed that on physical verification of the building proposed in the sale deed, is found that the building is occupying the road formed and provided in the lay out; the site map displayed in the entrance of Hosur Project Office is not in conformity with the actual structure in the site; and there are encroachments on either side of the building. Therefore, the respondent directed the Project Officer, SIPCOT Industrial Park, Hosur to submit a detailed report.
4.
In view of the above, this Court finds no infirmity or illegality in the communication of the respondent dated 26.04.2023. However, the Project Officer, SIPCOT Industrial Park, Hosur is directed to submit a detailed report on physical verification of the building in MIG Flat No.B-16, SIPCOT Housing Colony as per the lay out whether the said building is occupying the road formed and provided in the lay out and also whether there are any encroachments either sides of the building in SIPCOT land within a period of four weeks from the date of 3/7
receipt of copy of this order. Thereafter, the respondent is directed to execute sale deed in favour of the petitioner in respect of MIG Flat No.B-16, SIPCOT Housing Colony within a period of two weeks thereafter.
5.
With the above directions, this writ petition is disposed of. There shall be no order as to costs.
04.10.2024 Index: Yes/No Speaking/Non-speaking order lok 4/7
To The Project Officer, SIPCOT, Hosur, Krishnagiri District 5/7
G.K.ILANTHIRAIYAN, J.
lok 6/7
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