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[Cites 1, Cited by 7]

Madras High Court

R.Uma Maheswari vs The Registrar Of Co-Operative ... on 27 April, 2019

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                         1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 27.04.2019

                                                    CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                      WP(MD)Nos.10507 to 10515 of 2019

                      WP(MD)No.10507 of 2019 : -

                      R.Uma Maheswari                                      ... 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 President, The Kumbakonam Town
                               Co-operative House Building Society
                               Ltd, Z-127,
                        No.78, Bakthapuri Street, Kumbakonam – 612 007.

                      4.No.1 Joint Sub Registrar,
                        Kumbakonam District Registrar Office,
                        Katcheri Road,
                        Kumbakonam – 612 001.                             ... Respondents
                      PRAYER: Writ Petition is filed under Article 226 of the Constitution of



http://www.judis.nic.in
                                                         2

                      India, to issue a Writ of Mandamus, to direct the respondents to
                      consider the petitioner's representation dated 07.03.2019, and to
                      direct the third respondent and fourth respondent to execute and
                      register the sale deed by pertaining to the plot No.1 in
                      Dr.M.G.R.Nagar,       Muganthanallur   Village,   Annal      Agraharam
                      Panchayat, Kumbakonam Taluk, Thanjavur District in favour of the
                      petitioner.


                                 For Petitioner     : Ms.Sriprada Prabhakar
                                 in all cases                 Mr.M.Aravind Subramaniam


                                 For Respondents
                                 in all cases       : Mr.M.Murugan,
                                                     Government Advocate for R1 and R2


                                                  COMMON ORDER

Heard the learned counsel on either side.

2.The writ petitioners are members of the third respondent society. The society had promoted a lay out and the petitioners applied for allotment of plots. The third respondent had alloted individual plots in favour of the writ petitioners herein. The writ petitioners specifically submitted that they have paid the entire sale consideration as fixed by the society and that what remains is the http://www.judis.nic.in 3 execution of sale deeds alone. It is further pointed out by the learned counsel appearing for the writ petitioner that the third respondent has already submitted a proposal to the first respondent seeking approval for execution of the sale deeds. It is further seen that in similar cases the first respondent has already granted approval and sale deeds have also been executed in favour of the allottees.

3.Taking into account all these aspects, this Court directs the first respondent to consider the proposal dated 23.04.2019 submitted by the third respondent to the first respondent seeking approval to execute the sale deeds for the petition mentioned plots in favour of the respective writ petitioners herein. The first respondent shall issue appropriate proceedings in this regard within a period of four weeks from the date of receipt of a copy of this order. After the first respondent grants approval, the third respondent shall execute the sale deeds in favour of the writ petitioners immediately and without any delay.

4.These writ petitions are disposed of accordingly. No costs. http://www.judis.nic.in 4 27.04.2019 Skm Note : Issue order copy by 29.04.2019 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 President, The Kumbakonam Town Co-operative House Building Society Ltd, Z-127, No.78, Bakthapuri Street, Kumbakonam – 612 007.

4.No.1 Joint Sub Registrar, Kumbakonam District Registrar Office, Katcheri Road, Kumbakonam – 612 001.

G.R.SWAMINATHAN, J.

Skm http://www.judis.nic.in 5 WP(MD)Nos.10507 to 10515 of 2019 27.04.2019 http://www.judis.nic.in