Madras High CourtWP(MD)/10865/2016disposed of

R.Durai, v. The Commissioner

2016-06-21Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.10865 of 2016 R.Durai ..Petitioner Vs The Commissioner, Karur Municipality, Karur, Karur District.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to execute the registered sale deed in favour of the Petitioner, with regard to MIG Plot No.18 in Arugampalayam Housing Scheme, within the limits of the respondent Municipality on the basis of the representation of the Petitioner dated 10.5.2016.

For Petitioner :M/s.G.Sridharan For Respondent :Mr.K.Guru Addl.Govt.Pleader

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.According to the Petitioner, he was allotted MIG Plot No.18 with the measurement of 60 x 30 sq.ft in Arugampalayam of Karur Municipality in the lot system conducted by the Respondent. The total sale consideration was fixed at Rs.37,600/-.The Petitioner had paid the total sale consideration of Rs.57,863/- together with other incidental charges and interest. In-spite of the same, the Respondent had not chosen to execute the registered sale deed.

4.It comes to be known that the Petitioner had addressed a representation on 4.10.2012 and later, addressed another representation on 5.2.2016. Apart from that, he had addressed another representation to the Respondent on 10.5.2016. Even though https://hcservices.ecourts.gov.in/hcservices/

he had addressed three representations to the Respondent, in all, yet he is not able to see that his representations met with any positive response from the said Respondent.

5.Considering the fact that the Petitioner's representation, dated 4.10.2012, 5.2.2016 and 10.5.2016 are pending for consideration and disposal at the hands of the Respondent and till today they are pending, at this stage, this Court in the interest of justice and fair play, directs the Respondent/The Commissioner, Karur Municipality, Karur, Karur District to take up the representations of the Petitioner dated 4.10.2012, 5.2.2016 and 10.5.2016 and to dispose of the same by passing a reasoned speaking order on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any by adhering to the principles of natural justice in true letter and spirit ) within a period of four weeks from the date of receipt of a copy of this order. The Petitioner is at liberty to produce copies of all necessary/relevant documents before the Respondent/The Commissioner, Karur Municipality, Karur, Karur District and on receipt of the same, the Respondent shall take into account of the same and pass necessary orders within the time determined by this Court.

6.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS I) /True copy/ Sub Assistant Registrar To The Commissioner, Karur Municipality, Karur, Karur District.

+1cc to Mr.G.Sridharan, Advocate SR.No.31886 vsn sm:ARK-PV:28.06.2016:2P/3C W.P(MD)No.10865 of 2016 21.06.2016 https://hcservices.ecourts.gov.in/hcservices/