C.Raja v. The Registrar Of Co-Operative

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2018

CORAM:

THE HONOURABLE Mr.JUSTICE M.S.RAMESH W.P.(MD)No.6593 of 2018 Mr.C.Raja ... Petitioner Vs.

1.The Registrar of Co-operative Societies (Housing) O/o.Tamil Nadu Co-operative Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai-600 007.

2.The Regional Deputy Registrar of Co-op.

Societies (Housing) No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur-613 007.

3.The President, The Kumbakonam Town Co-operative House Building Society Ltd., Z-127, No.78, Bakthapuri Street, Kumbakonam.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to consider the petitioner's representation dated 29.01.2018 and to execute the Sale deed by the third respondent pertaining to the Plot No.53 in Dr.M.G.R., Nagar, Muganthanur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of this petitioner.

For Petitioner : Mr.M.Aravind Subramanian For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 29.01.2018 and to execute the Sale deed by the third respondent pertaining to the Plot No.53 in Dr.M.G.R., Nagar, Muganthanur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2.According to the petitioner, the third respondent allotted a house site in the year 2015 to the petitioner and as per the order

of allotment, the sale consideration has to be paid in two installments, and in the year 2015, the petitioner paid the last installment. After receipt of the sale consideration, so far the respondents have not executed sale deed in favour of the petitioner. Hence the present writ petition has been filed. 3.Earlier this Court ordered notice to the respondents. Today, on instructions from the third respondent, the learned Special Government Pleader submitted that the petitioner has 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 petitioner. Once the concurrence is received from the first respondent, the third respondent will execute the sale deed in favour of the petitioner. 4.

In view of the submission made by the learned Special Government Pleader 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 petitioner, subject to the petitioner having paid the entire sale consideration.

5.With the above observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Registrar of Co-operative Societies (Housing) O/o.Tamil Nadu Co-operative Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai-600 007. 2.The Regional Deputy Registrar of Co-op.

Societies (Housing) No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur-613 007. 3.The President,The Kumbakonam Town Co-operative House Building Society Ltd., Z-127,No.78, Bakthapuri Street, Kumbakonam.

+1CC to Mr.M.Aravind Subramanian, Advocate, SR.No. 59568 W.P.(MD)No.6593 of 2018 03.04.2018 Ns AM/SV MMS/SAR 4/04.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/