S. Mohammed Ismail v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2025
CORAM:
THE HON'BLE MRS.JUSTICE J.NISHA BANU AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN S.Mohammed Ismail ..
Appellant vs.
1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Chief Executive Officer, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The Chief Administrative Officer, Market Management Committee, (Iron and Steel Market), Sathangadu, Chennai-600 008.
..
Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 12.03.2024 made in W.P.No.33981 of 2023. For Appellant : Mr.R.Sundar For Respondents : Mr.Akhil Akbar Ali,
Special Government Pleader for R1 Mrs.P.Veena Suresh for R2 and R3
JUDGMENT
(Judgment of the Court was delivered by J.NISHA BANU, J.) This writ appeal is preferred as against the order of the Writ Court dated 12.03.2024 made in W.P.No.33981 of 2023.
2. The writ petitioner is the appellant herein. The case of the appellant/ writ petitioner is that the respondents have allotted him lands admeasuring to an extent of 234 sq.m. in Plot No.D-440, Iron and Steel Market, Sathangadu Whole Sale Market Complex, Sathangadu, Chennai and entered into lease cum sale agreement dated 23.12.1994. According to the petitioner, despite the entire dues were paid, the respondents did not come forward to execute the sale deed in his favour, which constrained him to file the aforesaid writ petition.
3. When the writ petition was taken up, the learned Additional Advocate General has filed a working sheet along with calculation memo dated 12.03.2024 stating that a sum of Rs.2,82,481/- remains payable by the petitioner towards balance sale consideration on account of interest charged
for the delayed payment of installments.
4. In the light of the submission made by the petitioner that the petitioner would remit the aforesaid balance amount due to the respondents immediately, the Writ Court disposed of the writ petition by observing that if such payment is received in entirety, the respondents shall execute and register the sale deed of the property in favour of the petitioner in accordance with law, against which the instant writ appeal is filed.
5. Heard the learned counsel for the parties and perused the entire materials available on record.
6. A perusal of the order of the Writ Court would disclose that the appellant has admitted to remit the balance outstanding amount of Rs.2,82,481/- to the respondents, as per the calculation memo dated 12.03.2024 submitted by the respondents at the time of disposal of the writ petition. The Writ Court also made it clear that if such payment is received in entirety, the respondents shall take expeditious steps to execute and register the sale deed for the property in favour of the appellant. It is not known whether the appellant has paid the balance amount to the respondents or not.
The appellant neither disputed the balance outstanding amount nor paid the said amount to the respondents as per the submission made before the Writ Court. The Writ Court has rightly disposed of the writ petition, which in the considered opinion of this Court, does not warrant any interference.
7. Accordingly, the Writ Appeal stands dismissed. No costs. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 22-07-2025 ASI To 1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.The Chief Executive Officer, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The Chief Administrative Officer, Market Management Committee, (Iron and Steel Market), Sathangadu, Chennai-600 008.
J. NISHA BANU, J.
AND M. JOTHIRAMAN, J.
ASI 22-07-2025