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Madras High CourtWP(MD)/24284/2019allowed

V.Arulmurugan v. The Registrar Of Cooperative Societies (Housing),

2025-11-21Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.24284 of 2019 and W.M.P(MD)Nos.20890, 20891 and 20892 of 2019 V.Arulmurugan ... Petitioner Vs.

1. The Registrar of Cooperative Societies (Housing), O/o. The Tamil Nadu Co-op. Housing Federation, No.40, Ritherdon Salai, Veppary, Chennai-7.

2. The Regional Deputy Registrar (Housing), O/o. The Regional Deputy Registrar (Housing), No.13/107, Ramalinga Adigalar Arakkatalai Building, Daniel Thomas nagar.

Thanjavur-7

3. The Kumbakonam Town Co-op. House, Building Society Ltd, Z-127, Rep. By its President No.78, Bakthapuri Street Bakthapuri ST.

Kumbakonam-7.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus Calling for the records pertaining to the proceedings in Na.Ka.No.2662/2018/Sa.Pa.1, dated 26.08.2019, on the file of the 1st respondent and quash the same and consequently direct the respondents herein to Execute and Register the Sale Deed pertaining to the Plot No.38, in Dr.M.G.R.Nagar, Muganthanallur Village, Annal Agraharam, Panchayat, Kumbakonam Tk, Thanjvur District in favour of this Petitioner. For Petitioner : Mr.M.Aravind Subramaniam For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

The above writ petition has been filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus Calling for the records pertaining to the proceedings in Na.Ka.No.2662/2018/Sa.Pa.1, dated 26.08.2019, on the file of the 1st respondent and quash the same and consequently direct the respondents herein to Execute and Register the Sale Deed pertaining to the Plot No.38, in Dr.M.G.R.Nagar, Muganthanallur Village, Annal Agraharam, Panchayat, Kumbakonam Tk, Thanjvur District in favour of this Petitioner."

2. Heard the learned counsel on either side.

2/6

3. The petitioner herein is the member of the 3rd respondent Co-operative society. The 3rd respondent society had advertised for sale of plots and the petitioner had submitted an application requesting to allot a plot. Pursuant to the same, Plot No.38 was allotted to the petitioner. Thereafter, the petitioner had paid the entire sale consideration of Rs.2,86,000 fixed by the third respondent on various dates from 23.02.2007 to 31.07.2015 and the allotment order was issued to the petitioner only on 31.10.2011. Even though the entire sale consideration was paid long back the respondents had not come forward to register the said plot in the name of the petitioner. Inspite of several representation to register the plot, the respondents had not registered the plot and hence the petitioner is before this Court.

4. It is seen that the allotment was granted to the petitioner, as early as in the year 2011 itself. Therefore, the respondents cannot claim to implement the Circular 24.11.2011 and the G.O.(D)No.224 Housing and Urban Development Department dated 27.11.2009, which is laterin point of time. Moreover, the respondents have already executed sale deeds for 28 persons and the petitioner alone is left out. 3/6

5. Moreover the issue was already considered by the another Learned Single Judge of this Court in W.P.(MD)Nos.10507 to 10515 of 2019, dated 27.04.2019, where it has been stated that the respondents should follow the proposal, dated 23.04.2019 and execute sale deed. Against the said order, the respondents have not preferred any appeal and therefore, the said order had attained finality. Therefore, the impugned order is liable to be quashed.

6. Accordingly, the impugned order, dated 26.08.2019 is hereby quashed. The respondents are directed to execute a Sale Deed in favour of the Petitioner, within a period of six (6) weeks, from the date of receipt of a copy of the order.

7. With these observations and directions, the writ petitions is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

21.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Registrar of Cooperative Societies (Housing), O/o. The Tamil Nadu Co-op. Housing Federation, No.40, Ritherdon Salai, Veppary, Chennai-7.

2. The Regional Deputy Registrar (Housing), O/o. The Regional Deputy Registrar (Housing), No.13/107, Ramalinga Adigalar Arakkatalai Building, Daniel Thomas nagar.

Thanjavur-7

3. The Kumbakonam Town Co-op. House, Building Society Ltd, Z-127, Rep. By its President No.78, Bakthapuri Street Bakthapuri ST.

Kumbakonam-7.

5/6

P.T.ASHA, J.

rgm W.P.(MD).No.24284 of 2019 and W.M.P(MD)Nos.20890, 20891 and 20892 of 2019 21.11.2025 6/6