N.Saraswathi, v. The Secretary,

W.P.(MD).No.303 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M. GOVINDARAJ W.P.(MD).No.303 of 2019 N.Saraswathi .. Petitioner Vs.

1.The Secretary No.A, 1990 The Bodinayakanur, Co-operative House Building Society Ltd., Bodinayakanur - 625 513, Theni District.

2.The Deputy Registrar (Housing) Madurai Region, Plot No.15, K.K.Nagar, Madurai - 20.

.. Respondents (2nd respondent impleaded as per order dated 08.11.2019 in W.M.P. (MD).No.8767 of 2019 in W.P.(MD).No.303 of 2019) Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondent to execute the Deed of Sale in favour of the petitioner in respect of Plot No.'C' in R.S.No.603 to the extent of 3200 sq. ft., situated at Subburaj Nagar, Puducolony, Bodinayakanur, Theni District, based on the petitioner's representation, dated 14.02.2018.

For Petitioner : Mr.C.Ganeshkumar For Respondents : Mr.J.Padmavathy Devi Special Government Pleader

ORDER

This writ petition has been filed for issuance of writ of Mandamus, directing the respondent to execute the Deed of Sale in favour of the petitioner in respect of Plot No.'C' in R.S.No.603 to the extent of 3200 sq. ft., situated at Subburaj Nagar, Puducolony, Bodinayakanur, Theni District, based on the petitioner's representation, dated 14.02.2018.

2.The petitioner's husband was allotted with the house site on 30.09.1981 by the respondent Society. He had paid entire sale consideration. He died on 05.03.2003. Thereafter, when the petitioner approached the respondent society to register the sale https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.303 of 2019 deed in her name, the respondent has failed to register the same. Hence, the petitioner approached this Court for a direction to the respondent to execute sale deed.

3.Per contra, the learned Special Government Pleader vehemently contended that even before execution of sale deed, the petitioner has conveyed the property in favour of the third party, which is in violation of conditions of allotment and hence, the sale deed need not be executed. Therefore, this writ petition deserves to be dismissed.

4.From the consideration of material, it is seen that the petitioner's husband was allotted a plot and he has paid the entire sale consideration and that what is due to be paid as per the claim of first respondent is only Rs.380/- towards road cost, which the petitioner is willing to deposit. Even though it is stated that the property was sold to some body else, there is no proof that sale deed has been registered and it appears that there was only a sale agreement, through which some amount has been taken as advance. Therefore, it cannot be stated that the sale transaction has already been taken place. Since the name of the petitioner is entered as nominee to the petitioner's husband, the sale deed has to be executed in her favour by the respondent society. More so, the respondent society has changed allotment in favour of the petitioner on 25.07.2010. Therefore, a direction is given to the first respondent to execute the sale deed on payment of balance due by the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

5.With the aforesaid direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) TM To The Deputy Registrar (Housing) Madurai Region, Plot No.15, K.K.Nagar, Madurai - 20. +1 CC to M/s.GP ( SR-97243[F] dated 11/11/2019 ) +1 CC to M/s.C.GANESH KUMAR, Advocate ( SR-97408[F] dated 11/11/2019 W.P.(MD).No.303 of 2019 08.11.2019 JMN(22.11.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2