Madras High Court
S. Ramasubramanian vs The State Of Tamil Nadu on 26 July, 2021
Author: R. Mahadevan
Bench: R. Mahadevan
WP No. 33454 of 2014 etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.07.2021
Coram
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
Writ Petition Nos. 33454, 33455. 33456, 33457, 33458, 33459,
34109, 34110, 34111, 34112, 34113, 34114, 34266, 34267,
34268, 34269, 34270, 34271 of 2014
Writ Petition Nos. 1682, 1683, 1684, 1685, 1686, 4122, 4123, 4124, 4125,
4126, 4127, 4128, 4129, 4130, 4131, 4132, 4133, 4134, 8526, 8527, 8814,
8815, 8816 and 9341 of 2015
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WP No. 33454 of 2014
S. Ramasubramanian .. Petitioner
Versus
1. The State of Tamil Nadu
represented by its Secretary to Government
Food, Co-operation and Commercial Tax Department
Fort St. George, Chennai - 600 009
2. State of Tamil Nadu
represented by its Secretary to Government
Revenue Department
Fort St. George, Chennai - 600 009
3. The Member Secretary
Chennai Metropolitan Development Authority
No.8, Gandhi Irwin Road
Chennai - 600 008
4. The Registrar of Co-operative Societies (Housing)
No.493, Anna Salai, Chennai - 600 035
https://www.mhc.tn.gov.in/judis/
1/12
WP No. 33454 of 2014 etc., batch
5. The Administrator/Special Officer
The Gandhi Nagar Co-operative House
Construction Society Limited
XNC-494-79, Pumping Station Road
Gandhi Nagar, Adayar
Chennai - 600 020 .. Respondents
WP No. 33454 of 2014:- Writ Petition filed under Article 226 of The
Constitution of India praying to issue a Writ of Mandamus directing the third
respondent to approve the revised layout plan submitted by the fifth
respondent and consequently to direct the fifth respondent to execute a Sale
Deed in favour of the petitioner, based on the allotment made in
Vadaperumbakkam Co-operative Nagar (Extension) as the petitioner has
settled entire amount towards costs of Plot for 1500 square feet bearing Plot
No.60, Stamp Duty and registration costs, as early as in the year 1999.
For Petitioner (s) : Mr. P.B. Balaji
in all the Writ Petitions
For Respondents : Mr. Stalin Abhimanyu
Government Advocate for RR1, 2 & 4
in all the Writ Petitions
Mr. P.S. Ganesh for R3/CMDA
in all the Writ Petitions
Mr. L.P. Shanmugasundaram for R5
in all the Writ Petitions
COMMON ORDER
The writ petitioners in this batch of writ petitions have, by and large, made identical prayer to issue a Writ of Mandamus to direct the Chennai Metropolitan Development Authority to approve the revised layout plan submitted on their behalf by the fifth respondent society and consequently https://www.mhc.tn.gov.in/judis/ 2/12 WP No. 33454 of 2014 etc., batch direct the fifth respondent society to execute Sale Deeds in their favour, based on the allotment made in Vadaperumbakkam Co-operative Nagar (Extension).
2. The fifth respondent Cooperative Society has come out with a scheme for allotment of housing plots to individual prospective buyers. The scheme was titled Vadaperumbakkam Co-operative Nagar Housing Project. The fifth respondent society claimed that they have formed a new layout in a sprawling land measuring an extent of 14.78 acres and invited individual buyers for sale of the housing plots. To this effect, the fifth respondent society caused a newspaper advertisement in one issue of English Daily 'The Hindu' on 21.06.1998. Even in the advertisement, it was mentioned that approval of the layout by the Chennai Metropolitan Development Authority (in short CMDA) is awaited. In response to the advertisement, it is stated that about 119 persons have approached the fifth respondent, including the writ petitioners, numbering about 42. It is stated that most of the buyers have either paid the entire amount for purchase of the plots, including the charges towards registration of the plots in their favour. However, the fifth respondent society has not executed sale deeds in their favour. Therefore, the writ petitioners have come up with the present batch of writ petitions. https://www.mhc.tn.gov.in/judis/ 3/12 WP No. 33454 of 2014 etc., batch
3. Mr. P.B. Balaji, learned counsel appearing for the petitioners would contend that the petitioners have paid the entire amount for purchase of the housing plots for which receipts have also been issued by the fifth respondent during the years 1998/1999 on various dates. During August 1999, the fifth respondent confirmed that they are having valid and assertable title in respect of the lands in question and they have also obtained sale deeds executed by the previous owners of lands confirming the title in their favour. It was also represented by the fifth respondent society that they have obtained Patta, Chitta and Adangal in their name. The fifth respondent also claimed that they have executed necessary Gift Deed to Puzhal Panchayat Union as a condition precedent for getting approval of the layout. It was also represented that the fifth respondent had remitted the necessary charges to the Tamil Nadu Electricity Board to shift the HT/LT lines passing through the lands. In the year 2008 the fifth respondent society informed the petitioners that CMDA had requested for certain documents as a condition precedent for granting layout approval. It is further stated by the petitioners that the fifth respondent has also submitted revised plan for approval of the layout during December 2011, but the fact remains that so far layout approval has not been accorded by the CMDA. In this regard, the learned counsel for the petitioners invited the attention of this Court to various communications exchanged between the fifth https://www.mhc.tn.gov.in/judis/ 4/12 WP No. 33454 of 2014 etc., batch respondent society and the CMDA authorities of the Government, however, even after 16 years, the fifth respondent has not bothered to allot the plots to individual buyers inter alia withholding the amount paid by them unlawfully.
4. The learned counsel for the petitioners further submitted that during the pendency of these writ petitions, the third respondent/CMDA in principle has approved the layout in respect of the Plot Nos. 1, 2, 4, 5, 6, 7, 14, 23, 24/1, 1, 2A, 2B, 3, 26/1, 2, 3, 27/2, 31/1, 2, 3, 44 and 44 of Vadaperumbakkam Village, however, the fifth respondent society is demanding payment of development charges as per the prevailing rate, as has been communicated by the third respondent/CMDA. When the fifth respondent society had collected the entire amount payable by the petitioners even during the year 1998-1999, the claim for development charges at the prevailing rate during the year 2020 is unjust and arbitrary. Therefore, the learned counsel for the petitioners prayed this Court to issue appropriate direction to the respondents herein, particularly the fifth respondent to allot the plots and to execute the sale deeds in their favour.
5. Mr. P.S. Ganesh, learned counsel appearing for the respondent/ CMDA would vehemently contend that even on 06.11.2012, the fifth https://www.mhc.tn.gov.in/judis/ 5/12 WP No. 33454 of 2014 etc., batch respondent society was informed that the proposal for approval of plots submitted by the fifth respondent society through the Commissioner, Puzhal Panchayat Union had been examined and returned unapproved for non- furnishing of the particulars called for. Therefore, by the communication dated 05.11.2012, the fifth respondent society was called upon to submit the planning permission application along with all the required particulars such as copy of encumrance certificate for the housing site from 1992, No Objection Certificate from the instrumentalities of the Government etc., In the absence of the fifth respondent society furnishing the particulars called for, the third respondent could not process the application for layout approval. The learned counsel for the third respondent therefore submitted that if the applications are re-submitted the planning permission application will be considered in accordance with law.
6. Mr. L.P. Shanmuga Sundaram, learned counsel appearing for the fifth respondent society would contend that even as early as on 20.11.1998, the fifth respondent society had prepared the rough sketch along with all the requisite particulars and submitted it to the third respondent/CMDA. On the basis of the application submitted by the fifth respondent, CMDA has accorded approval in respect of the land comprised in Survey No.47 measuring https://www.mhc.tn.gov.in/judis/ 6/12 WP No. 33454 of 2014 etc., batch 1.26 acres alone but did not accord approval for the remaining 10.06 acres of land in spite of the submission of the revised plan to the CMDA on 27.12.2011. As the revised applications were also returned, the fifth respondent society had re-submitted the applications but they were also returned by the third respondent/ CMDA. It is also submitted that pending the applications for approval of layout, the Government has acquired a portion of land measuring 3.46 acres in Survey No. 7/1 for construction of Chennai Metro Water Channel and a meagre amount of compensation has been paid to the fifth respondent. According to the counsel for the fifth respondent, for obtaining approval from the third respondent/CMDA, processing fee of Rs.26,57,160/- for one acre of land has to be paid and for 10 acres of land, the amount payable will be Rs.2,65,71,600/- which the allottees have to pay proportionate to the extent of land to be allotted in their favour. However, the petitioners claim that they have already paid the amount and they are not liable to pay any amount. The delay in obtaining the layout approval is not solely attributable on the fifth respondent society, but the delay has been caused due to various factors, which are beyond the control of the fifth respondent. The fifth respondent is ready and willing to cooperate with the writ petitioners as well as the others who have paid the amount to get the layout approval from the third respondent/CMDA. Therefore, the learned counsel for the fifth https://www.mhc.tn.gov.in/judis/ 7/12 WP No. 33454 of 2014 etc., batch respondent society prayed to direct the petitioners to extend their cooperation for an early settlement of the issue.
7. Heard the counsel on either side. The prayer sought for in these writ petitions is two fold (i) to direct the third respondent/CMDA to approve the revised layout plan submitted by the fifth respondent and (ii) to direct the fifth respondent society to execute Sale Deed in favour of the petitioners, based on the allotment made in Vadaperumbakkam Co-operative Nagar (Extension). Such relief sought for by the petitioners is inter-connected with each other. Unless the third respondent/CMDA approves the layout plan submitted by the fifth respondent, the question of issuing a direction to the fifth respondent society to execute a sale deed in favour of the petitioners, will not arise.
8. It is evident that even as early as on 09.05.2012, the third respondent/CMDA, in their communication addressed to the fifth respondent society, has stated as follows:-
"The proposal received in the reference cited is under examination. You are requested to furnish the following particulars within 15 days from the date of receipt of this letter, failing which the paper will be returned unapproved.
(i) Copy of Encumbrance certificate for the site under reference from 1992 to till date attested by a Notary Public https://www.mhc.tn.gov.in/judis/ 8/12 WP No. 33454 of 2014 etc., batch
(ii) In S.No.5/1pt, there is one building is under construction, whether that plot allotted to anybody under unauthorised layout. If allotted, documentary evidence and approved plan and unauthorised layout plan details to be furnished
(iii) HT & LT lines passes through the site under reference for which exact alignment with clear measurements to be shown in the copy of FMB sketch and attested by revenue officials not below the rank of Deputy Tahsildar
(iv) No Objection Certificate from Public Works Department, for inundation point of view to be furnished."
9. It appears that the fifth respondent society did not furnish the particulars sought for in the communication dated 09.05.2012 and therefore, by a subsequent communication dated 05.11.2012, the third respondent/ CMDA had returned the proposal for layout unapproved. The communication dated 05.11.2012 can usefully be extracted hereunder:-
"The proposal received in the reference 1st cited has been examined and returned unapproved for non-furnishing of the particular called for in the reference 4th above cited. Copy of your letter dated 09.05.2012 addressed to the applicant is enclosed herewith.
You may re-submit your planning permission application along with all the required particulars called for in the reference 4th cited with scrutiny fee in SBC Counter of CMDA."
10. It appears that after the third respondent/CMDA returned the application unapproved, it was not re-submitted by the fifth respondent society. In the absence of the third respondent/CMDA according layout approval, the claim of the petitioners cannot be considered and no relief could https://www.mhc.tn.gov.in/judis/ 9/12 WP No. 33454 of 2014 etc., batch be granted to the petitioners. Therefore, it would be appropriate to direct the petitioners as well as the fifth respondent, in unison, to submit necessary application seeking layout approval from the third respondent/CMDA by furnishing all the particulars required for the same. Such application shall be submitted, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such applications from the petitioners, through the fifth respondent society, for layout approval, the third respondent/CMDA shall process the same and to pass appropriate orders thereof on merits and in accordance with law as expeditiously as possible.
11. Subject to the aforesaid observation, all the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
26-07-2021 rsh To
1. The State of Tamil Nadu represented by its Secretary to Government Food, Co-operation and Commercial Tax Department Fort St. George, Chennai - 600 009
2. State of Tamil Nadu represented by its Secretary to Government Revenue Department https://www.mhc.tn.gov.in/judis/ 10/12 WP No. 33454 of 2014 etc., batch Fort St. George, Chennai - 600 009
3. The Member Secretary Chennai Metropolitan Development Authority No.8, Gandhi Irwin Road Chennai - 600 008
4. The Registrar of Co-operative Societies (Housing) No.493, Anna Salai, Chennai - 600 035
5. The Administrator/Special Officer The Gandhi Nagar Co-operative House Construction Society Limited XNC-494-79, Pumping Station Road Gandhi Nagar, Adayar Chennai - 600 020 https://www.mhc.tn.gov.in/judis/ 11/12 WP No. 33454 of 2014 etc., batch R. MAHADEVAN, J rsh WP Nos. 33454 of 2014 etc., batch 26.07.2021 https://www.mhc.tn.gov.in/judis/ 12/12