Madras High Court
D.Umarani vs The Registrar Of Co Operative Societies ... on 24 January, 2019
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2019
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.(MD) No.1391 of 2019
D.Umarani ...Petitioner
Vs.
1.The Registrar of Co operative Societies (Housing),
Office of Tamil Nadu Co operative Housing Federation,
No.40, Ritherdon Salai,
Veppery,
Chennai - 600 007.
2.The Regional Deputy Registrar (Housing),
O/o. The Regional Deputy Registrar (Housing),
No.13/107, Ramalinga Adigalar Arakkattalai Building,
Daniel Thomas Nagar,
Thanjavur - 613 007.
3.The Sub Registrar of Operative Societies (Housing),
No.13/107, Ramalinga Adigalar Arakkattalai Building,
Daniel Thomas Nagar,
Thanjavur – 613 007.
4.The President,
The Kumbakonam Town Co operative
House Building Society Limited,
Z-127, No.78, Bakthapuri Street,
Kumbakonam - 612 007.
5.No.I Joint Sub Registrar,
Kumbakonam District Registrar Office,
Katchery Road,
Kumbakonam - 612 001. ...Respondents
http://www.judis.nic.in
2
PRAYER: Writ petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to
consider the petitioner's representation dated 02.01.2019 and to
direct the fourth respondent and fifth respondent to execute and
register the sale deed by pertaining to the Plot No.48, in
Dr.M.G.R.Nagar, Muganthanallur Village, Annal Agraharam
Panchayat, Kumbakonam Taluk, Thanjavur District in favour of this
petitioner.
For Petitioner :Mr.M.Aravind Subramaniam
For Respondents :Mr.M.Murugan
Government Advocate
ORDER
This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 02.01.2019 and to direct the fourth respondent and fifth respondent to execute and register the sale deed by pertaining to the Plot No.48, in Dr.M.G.R.Nagar, Muganthanallur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of this petitioner.
2.The petitioner is a member of the Kumbakonam Town Co- operative House Building Society Limited, Z-127, situtated at No.78, http://www.judis.nic.in 3 Bakthapuri Street, Kumbakonam. The 4th respondent society had sold the plots and accordingly the petitioner has requested to allot a plot in the above said Panchayat. The Plot No.48 was allotted to the petitioner and he was also issued with an allotment letter, dated 31.10.2011 and the petitioner has agreed to pay the amount of Rs. 2,64,000/- as the cost of the site and the same has been paid by the petitioner on several dates.
3.The learned counsel for the petitioner would submit that inspite of receiving the amount and issuing the receipt, the 4th respondent society had not come forward to execute the sale deed in favour of the petitioner. Since the petitioner could not get the sale deed, he was not able to avail loan from the bank for construction of a house in the said plot. It is more than 3 years since they paid their last installment, the respondents were refused to execute the sale deed. Hence, the petitioner has sent the representation, dated 2.1.2019 to the Secretary, Housing and Urban Development Department, Government of Tamil Nadu, praying for directing the respondents to execute the sale deed, which was forwarded to the Registrar, Co-operative Societies (Housing) for taking appropriate action. Inspite of receiving the same, no action has been taken by the respondents. Hence the present Writ Petition is filed for the relief http://www.judis.nic.in 4 stated supra.
4.It could be seen that on 07.06.2018 in W.P.(MD) No.12095 of 2018 this Court has already passed an order directing the respondents to consider the case of the petitioners and to take necessary steps. In the said order, dated 07.06.2018, this Court had observed that in view of the submission made by the learned Government Advocate, the first respondent is directed to consider the proposal sent by the third respondent and in this petition, it is for the first respondent to consider the proposal sent by the fourth respondent on its own merits and take further action in accordance with law within a period of four weeks from the date of receipt of a copy of the order. After receiving the proposal from the first respondent, the third respondent has been directed to execute the sale deed in favour of the petitioner as expeditiously as possible.
5.The learned Government Advocate would submit that the petitioner did not pay the sale consideration within the prescribed period and that the Petitioner had paid the same belatedly.
6.This Court is not expressing any opinion on the said http://www.judis.nic.in 5 submission and it is for the concerned official respondents to consider the said representation and pass appropriate orders within a period of 8 weeks from the date of receipt of copy of this order.
7.With the above directions, this writ petition is disposed of. No costs.
Index :Yes/No 24.01.2019
Internet:Yes/No
vsn
To
1.The Registrar of Co operative Societies (Housing), Office of Tamil Nadu Co operative Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai - 600 007.
2.The Regional Deputy Registrar (Housing), O/o. The Regional Deputy Registrar (Housing), No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur - 613 007.
3.The Sub Registrar of Op Societies (Housing), No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur – 613 007.
4.The President, The Kumbakonam Town Co operative House Building Society Limited, Z-127, No.78, Bakthapuri Street, Kumbakonam - 612 007.
http://www.judis.nic.in 6
5.No.I Joint Sub Registrar, Kumbakonam District Registrar Office, Katchery Road, Kumbakonam - 612 001.
V.BHAVANI SUBBAROYAN, J.
vsn http://www.judis.nic.in 7 W.P.(MD) No.1391 of 2019 24.01.2019 http://www.judis.nic.in