Madras High CourtWP(MD)/10507/2019disposed of

Mrs. R. Uma Maheswari v. The Registrar Of Co-Operative

2019-04-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)Nos.10507 to 10515 of 2019 R.Uma Maheswari ... Petitioner in WP(MD)No.10507 of 2019 R.Murugan ... Petitioner in WP(MD)No.10508 of 2019 R.Krishnan ... Petitioner in WP(MD)No.10509 of 2019 V.Narayanan ... Petitioner in WP(MD)No.10510 of 2019 V.S.Balasubramaniam ... Petitioner in WP(MD)No.10511 of 2019 N.Elangovan ... Petitioner in WP(MD)No.10512 of 2019 N.Rajeswari ... Petitioner in WP(MD)No.10513 of 2019 L.Shanmugapriya ... Petitioner in WP(MD)No.10514 of 2019 L.Umamaheswari ... Petitioner in WP(MD)No.10515 of 2019 Vs.

1.The Registrar of Co-operative Societies (Housing), Office of Tamil Nadu Co-operative Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai - 600 007. 2.The Regional Deputy Registrar (Housing), O/o.The Regional Deputy Registrar (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 - 612 007. 4.No.1 Joint Sub Registrar, Kumbakonam District Registrar Office, Katcheri Road, Kumbakonam - 612 001.

... Respondents in all Wps PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 07.03.2019, and to direct the third respondent and fourth respondent to execute and register the sale deed by pertaining to the plot No.1 in Dr.M.G.R.Nagar, Muganthanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner. Prayer in WP(MD). 10508/ 2019 :

Mandamus directing the respondents to consider the petitioners

representation dated 20.02.2019,and to direct the Third respondent and Fourth respondent to execute and Register the Sale Deed by pertaining to the plot No. 15, in Dr. M.G.R.Nagar, Muganathanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner.

Prayer in WP(MD). 10509/ 2019 :

Mandamus directing the respondents to consider the petitioners representation dated 20.02.2019,and to direct the Third respondent and Fourth respondent to execute and Register the Sale Deed by pertaining to the plot No. 05, in Dr. M.G.R.Nagar, Muganathanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner.

Prayer in WP(MD). 10510/ 2019 :

Mandamus directing the respondents to consider the petitioners representation dated 20.02.2019,and to direct the Third respondent and Fourth respondent to execute and Register the Sale Deed by pertaining to the plot No. 37,in Dr. M.G.R.Nagar, Muganathanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner.

Prayer in WP(MD). 10511/ 2019 :

Mandamus directing the respondents to consider the petitioners representation dated 20.02.2019 and to direct the Third respondent and Fourth respondent to execute and Register the Sale Deed by pertaining to the plot No. 09,in Dr. M.G.R.Nagar, Muganathanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner.

Prayer in WP(MD). 10512/ 2019 :

Mandamus directing the respondents to consider the petitioners representation dated 20.02.2019 and to direct the Third respondent and Fourth respondent to execute and Register the Sale Deed by pertaining to the plot No. 08,in Dr. M.G.R.Nagar, Muganathanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner.

Prayer in WP(MD). 10513/ 2019 :

Mandamus directing the respondents to consider the petitioners representation dated 07.03.2019,and to direct the Third respondent and Fourth respondent to execute and Register the Sale Deed by

pertaining to the plot No. 02,in Dr. M.G.R.Nagar, Muganathanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner.

Prayer in WP(MD). 10514/ 2019 :

Mandamus directing th e respondents to consider the petitioners representation dated 20.02.2019,and to direct the Third respondent and Fourth respondent to execute and Register the Sale Deed by pertaining to the plot No. 26,in Dr. M.G.R.Nagar, Muganathanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner.

Prayer in WP(MD). 10515/ 2019 :

Mandamus directing th e respondents to consider the petitioners representation dated 20.02.2019,and to direct the Third respondent and Fourth respondent to execute and Register the Sale Deed by pertaining to the plot No. 25,in Dr. M.G.R.Nagar, Muganathanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner.

For Petitioner : Ms.Sriprada Prabhakar in all cases for Mr.M.Aravind Subramaniam For Respondents in all cases : Mr.M.Murugan, Government Advocate for R1, R2 and R4 COMMON ORDER Heard the learned counsel on either side.

2.The writ petitioners are members of the third respondent society. The society had promoted a lay out and the petitioners applied for allotment of plots. The third respondent had alloted individual plots in favour of the writ petitioners herein. The writ petitioners specifically submitted that they have paid the entire sale consideration as fixed by the society and that what remains is the execution of sale deeds alone. It is further pointed out by the learned counsel appearing for the writ petitioner that the third respondent has already submitted a proposal to the first respondent seeking approval for execution of the sale deeds. It is further seen that in similar cases the first respondent has already granted approval and sale deeds have also been executed in favour of the allottees.

3.Taking into account all these aspects, this Court directs the first respondent to consider the proposal dated 23.04.2019 submitted by the third respondent to the first respondent seeking approval to execute the sale deeds for the petition mentioned plots in favour

of the respective writ petitioners herein. The first respondent shall issue appropriate proceedings in this regard within a period of four weeks from the date of receipt of a copy of this order. After the first respondent grants approval, the third respondent shall execute the sale deeds in favour of the writ petitioners immediately and without any delay.

4.These writ petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) To 1.The Registrar of Co-operative Societies (Housing), Office of Tamil Nadu Co-operative Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai - 600 007. 2.The Regional Deputy Registrar (Housing), O/o.The Regional Deputy Registrar (Housing), No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur - 613 007.

+9cc to Mr.Aravind Subramaniam, Advocate, SR.No. 63407 to 63415 +1cc to M/s.Special Government Pleader,SR.No. 63998 skm KK/SAR/03.05.2019/ 4P- 15C WP(MD)Nos.10507 to 10515 of 2019 27.04.2019