Madras High CourtWP(MD)/16082/2019disposed of

V.Arulmurugan v. The Registrar Of Co-Operative Societies(Housing)

2019-09-05Honourable Mr Justice M. Govindaraj2 pages

W.P(MD)No.16082 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.16082 of 2019 V.Arulmurugan .. Petitioner Vs.

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

2.The Regional Deputy Registrar of Coop. Societies (Housing), No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur - 613 007.

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

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the Respondents to consider the petitioner's representation dated 02.07.2019 and to execute a sale deed by the 3rd respondent pertaining to Plot No.38 in Annal Agraharam village, Mugunthanallur, Kumbakonam Taluk, Thanjavur District in favour of this petitioner. For Petitioner : Mr.M.Shema Daniel For R1 & R2 : Mr.J.Gunaseelan Muthaiah Additional Government Pleader For R3 : Mr.R.Pandiarajan

ORDER

This writ petition is filed seeking a direction to the third respondent to execute a sale deed in favour of the petitioner in respect of Plot No.38 in Annal Agraharam village, Mugunthanallur, Kumbakonam Taluk, Thanjavur District. 2.The petitioner purchased a house plot from the third respondent/Kumbakonam Town Cooperative House Building Society. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.16082 of 2019 total cost of the plot was fixed at Rs.2,86,000/-. It appears that the petitioner has paid the entire amount to the third respondent society and sought for execution of sale deed. Since the third respondent has delayed the execution of sale deed, the petitioner is before this Court.

3.The learned counsel appearing for the third respondent would submit that even though the petitioner has paid the entire amount for executing sale deed, the third respondent has to get approval from the first respondent, for which, he has also submitted a memorandum seeking permission for executing sale deed.

4. I have considered the submissions made on either side. 5.The first respondent is directed to consider the representation of the third respondent seeking permission to execute sale deed and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. On such order being passed, the third respondent is directed to execute sale deed in favour of the petitioner.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar To 1.The Registrar of Cooperative Societies (Housing), O/o.Tamil Nadu Cooperative Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai - 600 007.

2.The Regional Deputy Registrar of Coop. Societies (Housing), No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur - 613 007.

+1 CC to M/s.M.SHEMA DANIEL, Advocate ( SR-85353[F] dated 05/09/2019 +1 CC to M/s.SPL GP ( SR-85645[F] dated 06/09/2019) W.P(MD)No.16082 of 2019 05.09.2019 MJ MS/17.09.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2