Madras High Court
Banumathi Gopalakrishnan vs The Registrar on 6 June, 2022
WP.No.12400 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.12400 of 2022
Banumathi Gopalakrishnan
D/o.Late N.Nagarajan ... Petitioner
Vs.
1. The Registrar,
Office of the Registrar of Co-operative
Societies (Housing)
No.48, Ritherden Road,
Vepery,Chennai-600 007.
2. The President,
Periyar Nagar Government Servants
Co-operative House Site Distribution
Society Limited,
No.29, Karthikeyan Salai,
Periyar Nagar, Chennai-600 082. ... Respondents.
Prayer : Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Mandamus, directing the respondents to execute the
Deed of Conveyance or Deed of Sale to and in favour of 1.Banumathi
Gopalakrishnan, 2. Preetha, 3.Susmitha and 4. P.V.Ramadoss pertaining to
1/6
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WP.No.12400 of 2022
the property premises bearing Plot No.465-C, Chandrasekaran Salai
(Meenakshipuram), Periyar Nagar, Chennai-600 082 comprised in Survey
No.382/1, Peravallur Village at present Ayanavaram Taluk, Chennai
District, measuring to an extent of 1 Ground and 650 sq.ft.
For Petitioner : Mr.N.Sathyamoorthy
For Respondents :
For R1 :Mr.M.Shahjahan,
Special Government Pleader
For R2 :Mr.C.Kathiravan,
Special Government Pleader
ORDER
This Writ petition is being filed for issuance of a writ of mandamus
directing the respondents to execute the Deed of Conveyance or Deed of
Sale to and in favour of 1.Banumathi Gopalakrishnan, 2. Preetha,
3.Susmitha and 4. P.V.Ramadoss pertaining to the property premises
bearing Plot No.465-C, Chandrasekaran Salai (Meenakshipuram), Periyar
Nagar, Chennai-600 082 comprised in Survey No.382/1, Peravallur Village
at present Ayanavaram Taluk, Chennai District, measuring to an extent of 1
Ground and 650 sq.ft.
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WP.No.12400 of 2022
2. According to the petitioner, the petitioner's father viz., N.
Nagarajan was allotted a plot bearing No.465-C, measuring to an extent of
1 Ground and 650 sq.ft. , Chandrasekaran Salai (Meenakshipuram), Periyar
Nagar, Chennai-600 082 comprised in Survey No.382/1, Peravallur Village,
at present Ayanavaram by the2nd respondent/ Cooperative Society by a
lease cum sale agreement dated 29.07.1974. On 21.01.1992, her father
N.Nagarajan died intestate on 21.1.1992. As one of the legal heirs of her
deceased father disappeared, she filed a suit for declaration in
O.S.No.6135 of 2015 before the VII Asst. City Civil Court, Chennai on the
strength of section 107 and 108 of Evidence Act, 1872 and the said suit was
decreed on 28.06.2016 declaring that the petitioner along with one Preetha,
Sushmitha and P.V.Ramadoss as the surviving legal heirs of thier deceased
father. Mentioning the above facts, the petitioner approached the second
respondent society requesting to execute the sale deed in respect of the
above mentioned property in favour of them, but without any basis, the 2nd
respondent has been prolonging the issue. Hence, the petitioner has sent a
representation on 09.02.2022 to the respondents for execution of sale deed
in respect of the above said property in favour of surviving legal heirs of
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WP.No.12400 of 2022
her deceased father However, the respondents, inspite of receipt of such
representation, did not act on the same. Therefore, left with no other
alternative, the petitioner has filed the writ petition.
3. It is seen that pursuant to the Judgment and Decree passed by the
trial Court in O.S.No.6135 of 2015 which came to be decreed on 28.06.2016
declaring the petitioner along with three others as the surviving legal heirs
of the original allottee of the land Thiru.N.Nagarajan, the petitioner gave a
representation on 09.02.2022, but the same was kept pending and no orders
have been passed.
4. The learned counsel appearing for the official respondent as well as
the second respondent submits that appropriate orders will be passed by the
second respondent on the representation dated 09.02.2022 of the petitioner
within a period of four weeks from the date of receipt of a copy of this
order.
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WP.No.12400 of 2022
5. Recording the same, this writ petition stands disposed of by
directing the second respondent to pass appropriate orders on the aforesaid
representation of the petitioner dated 09.02.2022 on merits and in
accordance with law within a period of four weeks from the date of receipt
of a copy of this order. . No costs.
06.06.2022
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
Vv
To
1. The Registrar,
Office of the Registrar of Co-operative
Societies (Housing)
No.48, Ritherden Road,
Vepery,Chennai-600 007.
2. The President,
Periyar Nagar Government Servants
Co-operative House Site Distribution
Society Limited,
No.29, Karthikeyan Salai,
Periyar Nagar, Chennai-600 082.
https://www.mhc.tn.gov.in/judis
WP.No.12400 of 2022
C.SARAVANAN, J.
Vv
W.P.No.12400 of 2022
06.06.2022
https://www.mhc.tn.gov.in/judis
WP.No.12400 of 2022
https://www.mhc.tn.gov.in/judis
