Prabhavathy v. The Registrar Of Cooperative Societies (Housing),
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2025
CORAM
THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR WP(MD) No. 30027 of 2025 and WMP(MD) No.23215 of 2025 Prabhavathy W/o.R.Sekar No.18,Seethareddy Street Kumbakonam Thanjavur District.
Petitioner(s) Vs 1.The Registrar of Cooperative Societies (Housing), O/o.Tamil Nadu Co-operative Housing Federation No.40,Ritherdon Salai Veppery Chennai-7.
2.The Regional Deputy Registrar (Housing) O/o.The Regional Deputy Registrar (Housing) No.13/107,Ramalinga Adigalar Arakkattalai Building Daniel Thomas Nagar Thanjavur-7.
3.The Kumbakonam Town Co-operative House Building Society Limited Z-127 Represented by its President No.78,Bakthapuri Street Kumbakonam-612 007.
Respondent(s) 1/5
For Petitioner(s) : Mr.S.Sankar For Respondent(s): Mrs.D.Farjana Ghoushia, Spl.Govt.Pleader 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 proceedings in Na.Ka.No.2662/2018/SaBa.1, dated 03.02.2020 passed by the 1st Respondent and quash the same as illegal and consequently directing the respondents herein to execute and register the Sale Deed pertaining to the Plot No.39 in Dr.M.G.R.Nagar, Mugunthanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the petitioner and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
ORDER
The present writ petition has been filed seeking to quash the order passed by the 1st respondent herein dated 03.02.2020 wherein Rs.376/- per square feet has been demanded which is quite contrary to the allotment order wherein it was mentioned that the rate per square feet is Rs.100/-. 2.According to the learned counsel for the writ petitioner, as per allotment order, the rate per square feet was fixed at Rs.100/-. The entire sale consideration was paid in time. Therefore, the respondent Society cannot enhance the rate per square feet after the entire sale consideration was paid in time.
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3.However, the learned Special Government Pleader appearing for the respondents submit that in view of circular dated 24.11.2011 and G.O.(D).No. 224, Housing and Urban Development Department dated 27.11.2009, they can demand higher rate.
4.Considering the fact that the sale consideration has been paid in time based upon the allotment order, the respondents cannot enhance the amount relying upon some circulars which were issued after allotment order. 5.This Court while considering a similar issue in a batch of writ petitions in WP(MD).No.2210 of 2020 etc. batch cases dated 22.08.2023 has allowed the writ petitions with a direction to the respondent Society to execute the sale deed in favour of the petitioners. 6.In view of the above said facts, the order impugned in the writ petition is set aside and the writ petition stands allowed. The respondents are directed to execute and register a sale deed pertaining to Plot No.39 in Dr.M.G.R.Nagar, Mugunthanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
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msa To 1.The Registrar of Cooperative Societies (Housing), O/o.Tamil Nadu Co-operative Housing Federation No.40,Ritherdon Salai Veppery Chennai-7.
2.The Regional Deputy Registrar (Housing) O/o.The Regional Deputy Registrar (Housing) No.13/107,Ramalinga Adigalar Arakkattalai Building Daniel Thomas Nagar Thanjavur-7.
3.The Kumbakonam Town Co-operative House Building Society Limited Z-127 Represented by its President No.78,Bakthapuri Street Kumbakonam-612 007.
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R.VIJAYAKUMAR, J.
msa WP(MD) No. 30027 of 2025 and WMP(MD) No.23215 of 2025 05.12.2025 5/5