K.Gowri Shankar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.25657 of 2018 K.Gowri Shankar ... Petitioner Vs 1.The Managing Director, 493, Anna Salai, Nandanam, Chennai - 600035.
2. The Executive Engineer (Admin) K.K.Nagar Division, Tamil Nadu Housing Board Building, Ashok Nagar, Chennai - 600083.
3. The Manager Sales (M) Services, K.K.Nagar Division, Tamil Nadu Housing Board Building, Ashok Nagar, Chennai - 600083.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to discharge the mortgage on the property, release the original Title Deeds, Lease-cum-sale agreement, Deed of Mortgage executed, original Allotment order and all other related documents and transfer the title and interest in the name of the petitioner and to execute such documents as may be necessary in favour of the petitioner to the concerned local body/authorities to issue name transfer certificate to MES/CMWSSB/Chennai Corporation, Issue of Notarized Affidavit to The Registrar of Co-operative Society, Issue of Indemnity bond, statement of accounts and No due certificate for the discharged mortgage in respect of property situated at S.No.57/1, Kodingyur Village, Sembium Sub Division (Plot No.124, Union Carbide Colony, 6th Street, Kodingyur, Chennai - 600118).
For Petitioner : Mr.S.Doraisamy For Respondents : Mr.V.Anandhamurthy
O R D E R
The petitioner has come up with this writ petition seeking a direction to the respondents to discharge the mortgage on the property situated at S.No.57/1, Kodingyur Village, Sembium Sub Division (Plot No.124, Union Carbide Colony, 6th Street, Kodingyur, Chennai - 600118), release all the original documents; transfer the title and interest in his name and for consequential relief.
2. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 09.07.2018, to the respondents, claiming the same relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the respondents. Hence, this writ petition.
3. The learned standing counsel appearing for the respondents fairly submitted that the respondents would consider the petitioner's representation dated 09.07.2018 on the basis of the documents produced by the petitioner.
4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the petitioner's representation dated 09.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
5. Accordingly, this writ petition stands disposed of. No costs.
-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar msv To 1.The Managing Director, 493, Anna Salai, Nandanam, Chennai - 600035.
2. The Executive Engineer (Admin) K.K.Nagar Division, Tamil Nadu Housing Board Building, Ashok Nagar, Chennai - 600083.
3. The Manager Sales (M) Services, K.K.Nagar Division, Tamil Nadu Housing Board Building, Ashok Nagar, Chennai - 600083.
+1 CC to Mr.S.Doraisamy, Advocate sr 71701.
+1 CC to Mr.V.Anandhamurthy, Advocate sr 71795. W.P.No.25657 of 2018 SAI(CO) SP(26/11/2018)