K.Latha Mangeshkar, v. The Registrar Of Co-Operative
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 14.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)Nos.5042 to 5045 of 2018 1.K.Latha Mangeshkar ... Petitioner in W.P.No.5042 of 2018 2.M.A.Mohammed Ziayudeen ... Petitioner in W.P.No.5043 of 2018 3.M.Z.Nachia Fathima ... Petitioner in W.P.No.5044 of 2018 4.G.Karthikeyan ... Petitioner in W.P.No.5045 of 2018 Vs.
1. The Registrar of Co-Operative Societies (Housing), Tamil Nadu Housing Board Complex, Nanthanam, Anna Salai, Chennai-600 035.
2. The Regional Deputy Registrar (Housing), O/o.The Regional Deputy Registrar (Housing), No.13/107, Ramalinga Adikalar Trust Campus, Daniel Thomas Nagar, Thanjavur-613 007.
3. The President, Z 127, The Kumbakonam Town Co-Operative House Building Society Ltd., No.78, Pakthapuri Street, Kumbakonam-612 007.
...Respondents in all W.Ps.
Common Prayer:
Writ Petitions filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 29.01.2018, and to execute the sale deed by the third respondent pertaining to the Plot Nos.36, 21, 22, 35 in Dr.M.G.R. Nagar, Muganthanur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District, in favour of these petitioners. For Petitioners : Mr.M.Aravind Subramaniam (in all W.Ps.) For Respondents : Mr.Rajarajan, G.A.
(in all W.Ps.)
COMMON ORDER Since the issue involved in all Writ Petitions are one and the same, the Writ Petitions are taken up for final disposal by passing this common order.
2.According to the petitioners, the third respondent allotted a house site in the year 2011 to the petitioners and as per the order of allotment, the sale consideration has to be paid in two installments, and in the year 2011, the petitioners paid the last installment. After receipt of the sale consideration, so far the respondents have not executed sale deed in favour of the petitioners. Hence, the present Writ Petitions have been filed. 3.Earlier this Court ordered notice to the respondents. Today on instructions from the third respondent, the learned Government Advocate submitted that the petitioners have already paid the sale consideration to the third respondent and thereafter, a proposal was sent to the first respondent for getting concurrence to execute sale deed in favour of the petitioners. Once the concurrence is received from the first respondent, the third respondent will execute the sale deed in favour of the petitioners.
4.In view of the submission made by the learned Government Advocate for the respondents, the first respondent is directed to consider the proposal sent by the third respondent and pass suitable orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and after receiving the concurrence from the first respondent, the third respondent is directed to execute the sale deed in favour of the petitioners.
5.With the above observations, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The Registrar of Co-Operative Societies (Housing), Tamil Nadu Housing Board Complex, Nanthanam, Anna Salai, Chennai-600 035.
2. The Regional Deputy Registrar (Housing), O/o.The Regional Deputy Registrar (Housing), No.13/107, Ramalinga Adikalar Trust Campus, Daniel Thomas Nagar, Thanjavur-613 007.
3. The President, Z 127, The Kumbakonam Town Co-Operative House Building Society Ltd., No.78, Pakthapuri Street, Kumbakonam-612 007.
+ 1 cc TO Mr.M.Aravind Subramainam , Advocate in SR No. 55267 + 1 cc TO The Special Government Pleader in SR No. 55674 gns AE/SKN RSK/SAR4/03.04.2018/3P/6C W.P.(MD)Nos.5042 to 5045 of 2018 14.03.2018