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Madras High CourtWP(MD)/12454/2017disposed of

D. Shanmugam, v. The General Manager,

2017-07-25Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12454 of 2017 D.Shanmugam

...Petitioner

-Vs1.The General Manager, Tamil Nadu Industrial Investment Corporation Ltd., REGD. Office, Arul Manai, 27, Whites Road, Chennai - 14.

2.The Branch Manager, Tamil Nadu Industrial Investment Corporation Ltd., Regional Office, KRT Building, 2nd Floor, 33, Promenade Road, Cantonment, Trichy District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to execute a sale deed in favour of the petitioner based upon the second respondent confirmed the auction sale, dated 02.03.1993, within a time stipulated by this Court.

For Petitioner : Mr.S.Gopalamanikandan For R1 : No Appearance For R2 : Mr.G.Murugan Standing Counsel.

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ORDER

The prayer sought for in the writ petition for issuance of a Writ of Mandamus, to direct the second respondent to execute a sale deed in favour of the petitioner based upon the second respondent confirmed the auction sale, dated 02.03.1993. 2.According to the petitioner, he is a successful bidder in the auction conducted by the second respondent on 02.03.1993. The petitioner has remitted the entire bid amount on 07.04.1993. Despite the same, a sale deed was not executed in favour of the petitioner.

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3.Heard Mr.S.Gopalamanikandan, learned counsel appearing for the petitioner, Mr.G.Murugan, learned standing counsel appearing for the second respondent and perused the materials available on record.

4.The learned standing counsel appearing for the respondent, on instructions, would submit that immediately after the auction sale, a copy of the draft sale deed was given to the petitioner but he has not approached the respondent for execution of the sale deed. He further submitted that if the petitioner is ready to pay the penalty amount as per the norms of the Corporation and they are ready to execute the sale deed.

5.Recording the above submissions, this Writ petition is disposed of, with a direction to the second respondent to execute the sale deed, if the petitioner fulfills all the norms within a period of four weeks therefrom.

6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub-Assistant Registrar +One cc to Mr.R.Saravanan, Advocate, SR.No.67521 +One cc to Mr.S.Gopalamanikandan, Advocate, SR.No.67509 msa/vsa RL/3C/2P/SV/SAR2/3/8/2017 W.P.(MD)No.12454 of 2017 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/