Poorna Venkata Subramani v. The Registrar Of Cooperative Societies(Housing)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.10.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.27358 of 2022 Poorna Venkata Subramani ... Petitioner Vs
1. The Registrar of Cooperative Societies (Housing) 2nd Floor, Housing Board Building, Nandanam, Chennai - 35.
2. The Deputy Registrar of Cooperative Societies (Housing), Salem Region, East Garden Street, Fair Lands, Salem - 16.
3. The S1565 Palace Nagar Cooperative House Building Society, rep. by its Secretary/President, Palace Towers, Cherry Road, Salem - 1.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to execute the sale deed in favour of the petitioner with respect of Flat No.44, 'C' East Block, 3rd floor area to an extent of 1012 sq.ft. Palace Tower Complex, Cherry Road, Salem - 1 within a appropriate period as directed by this Court.
For Petitioner : Mr.K.Muruganandam For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader - R1 and R2 Mr.M.Vigneshwaran for Mr.A.Selvendran, Special Government Pleader - R3
O R D E R
Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader accepts notice for R1 and R2 and Mr.M.Vigneshwaran, learned counsel on behalf of Mr.A.Selvendran, learned Special Government Pleader accepts notice for R3. They concur with the learned counsel for the petitioner that the issue arising in this Writ Petition has been decided by this Court in the case of other identically placed petitioners in W.P.No.19411 of 2022 etc. batch by order dated 10.08.2022.
2. Learned single Judge, in that order, has, in turn, relied upon an order passed in the case of S.Mohan V. The Registrar of Cooperative Societies (Housing) 2nd Floor, Housing Board Building, Nandanam, Chennai - 35 and others (W.P.No.29301 of 2014 etc. Batch dated 07.01.2016).
3. The order in the case of S.Mohan (supra) is extracted below: " This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to execute the sale deed in favour of the petitioner with respect to the subject property within the time limit prescribed by this Court.
2. The petitioner is a member of the third respondent society. The third respondent society purchased large extent of land from various persons with a view to construct residential flats and commercial complex. The petitioner also submitted an application before the third respondent society for allotment of a flat along with undivided share in the land. The third respondent, through allotment letter dated 19.04.2002, allotted the subject property in favour of the petitioner along with the undivided share in the land. The petitioner also paid the entire amount along with the interest as stipulated in the allotment letter. It is seen from records that the third respondent has also given a certificate to the effect that the petitioner has paid the entire principal and interest. The certificate is dated 30.08.2007.
3. The third respondent, thereafter, entered into a sale agreement with the petitioner and the grievance of the petitioner is that the sale deed has not been executed in her favour till date and therefore, left with no other option, the present Writ Petition has been filed before this Court seeking for appropriate directions.
4. Heard Mr.M.S.Palaniswamy, learned counsel for petitioner and Mrs.T.Girija, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.L.P.Shanmuga Sundaram, learned counsel for third respondent.
5. The issue involved in the present Writ Petition is squarely covered by the earlier orders passed by this Court with regard to the very same third respondent society. The relevant portions in the order in W.P.No.29301 etc., of 2014 dated 07.01.2016 is extracted hereunder:~ "8. From the counter affidavit filed by the Deputy Registrar of Co~operative Socieites (Housing), Salem, it is seen that the House Building Society is an unencumbered property, which is stated to be of value of more than 13 crores. Those are properties in the form of commercial complexes and Flats which are not sold or allotted to any members. Therefore, those properties are technically free from any encumbrance, which, if sold by proper auction, would be sufficient to satisfy the dues payable to the PACCS as well as the dues to the Housing Federation. It is
further stated that the members of the House Building Society have formed themselves into an Association called Palace Nagar Welfare Association and filed a petition under Section 90(2) of the Tamil Nadu Cooperative Societies Act for a direction to execute the Sale Deed in favour of its members. Since such petition was filed by the Association for want of locus standi, the application is yet to be numbered.
9. As rightly pointed out by the learned counsel for the PACCS, no useful purpose would be served in directing the Deputy Registrar (Housing) to number those applications, since already, he has passed an order against the House Building Society and there is no order of attachment of the property of the House Building Society, as some of the properties are in possession and enjoyment of the petitioners. Therefore, this Court is of the view that the matter should be resolved by an Officer of a Higher level preferably by the Registrar (Housing), the first respondent herein.
10. This Court is inclined to make such an observation in the light of the fact that on one side, the interest of the members/petitioners have to be protected and equally the dues payable to the other PACCS and the Federation have to be settled, since ultimately, the interest of the members/individuals would be in jeopardy. If the statement that the property restrained by the House Building Society free of encumbrance is worth more than 13 crores is true, then a workable solution can be made, so that all the stakeholders are benefitted.
11. In the light of the above factual scenario, at this stage of the matter, this Court would not be in a position to issue a direction to the respondents to execute the Sale Deed, since as on date, when an order of attachment is in force, without raising the same, it would not be appropriate and it would not be legally tenable to direct execution of the Sale Deed. Therefore the following order would meet the ends of justice.
"The Writ Petitions are disposed of by directing the Registrar of Co~perative Societies (Housing) to take up the matter either by himself or by an Officer of sufficient seniority and jurisdiction to consider a one~time solution for the entire problem, bearing in mind the interest of the petitioners, PACCS, Housing Federation and also the interest of the petitioners, who are all senior citizens aged above 70 years, for which purpose, the 1st respondent has issued notice to the petitioners or their Association, the PACCS, the House Building Society and the Federation to collect the details and work out the value of the property, what are the dues payable and thereafter chart out the plan of action, whereby the petitioners get the benefit of the sale deed, the PACCS are able to release the deposit amount and the Federation to recover the loan amount."
12. The above direction should be completed within a period of three (3) months from the date of receipt of a copy of this order. If further extension of time is required, it is open to the 1st respondent to approach this Court. It is also open to the 1st respondent to seek any further clarification in the process of executing the order. No costs. Consequently, connected Miscellaneous Petitions are closed."
6. The non~compliance of the order passed by this Court became a subject matter in Contempt Petition No.107 of 2017. This Court, while disposing of the Contempt Petition on 23.10.2018, recorded the fact that the sale deeds have been executed in favour of the beneficiaries, who were petitioners in those relevant Writ Petitions.
7. In view of the above, the petitioner is also entitled for the very same benefit extended to the other beneficiaries by virtue of the above orders passed by this Court.
8. In the result, there shall be a direction to the third respondent to execute sale deed in favour of the petitioner with respect to the subject property within a period of six weeks from the date of receipt of a copy of this order. The third respondent shall ensure that the petitioner has paid the entire amount due towards the subject property before executing the sale deed.
Dr.ANITA SUMANTH,J.
9. This Writ Petition is disposed of with the above directions. No costs."
4. Bearing in mind the identity in facts, there is an order passed likewise in the present matter as well. There is a direction to R3 to execute the sale deed in favour of the petitioner with respect to the property at Flat No.44, 'C' East Block, 3rd floor area to an extent of 1012 sq.ft. Palace Tower Complex, Cherry Road, Salem - 1, within a period of six (6) weeks from today.
5. This Writ Petition stands disposed as above. No costs. 14.10.2022 Index : Yes / No Speaking Order sl To
1. The Registrar of Cooperative Societies (Housing) 2nd Floor, Housing Board Building, Nandanam, Chennai - 35.
2. The Deputy Registrar of Cooperative Societies (Housing), Salem Region, East Garden Street, Fair Lands, Salem - 16.
3. The S1565 Palace Nagar Cooperative House Building Society, rep. by its Secretary/President, Palace Towers, Cherry Road, Salem - 1.
W.P.No.27358 of 2022