Madras High Court
The President vs L.Sathiyanarayanan on 6 June, 2023
W.A.No.2337 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2337 of 2021
1. The President
Perambur Co-operative Society (Housing)
New No.22, Old No.10/11, Circular Road
Chennai – 82.
2. The Secretary
Perambur Co-operative Society (Housing)
New No.22, Old No.10/11. Circular Road
Chennai – 82. .. Appellant
Vs.
1. L.Sathiyanarayanan
2. The Registrar of Co-operative Societies (Housing)
O/o. Co-operative Societies (Housing)
Second Floor, 48 Retherdon Salai
Vepery, Chennai – 7. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 10.08.2021 in W.P.No.2087 of 2021.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.2337 of 2021
For the Appellants : Mr.L.P.Shanmugasundaram
For the Respondents : Mrs.R.T.Shyamala
for respondent 1
Mr.V.Baranidharan
Additional Advocate General
for respondent 2
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The present appellants assail the order passed by the learned
Single Judge dated 10.08.2021 in W.P.No.2087 of 2021 filed by the
first respondent.
2. The learned Single Judge directed the appellants herein to
execute the sale deed in favour of the original writ petitioner.
3. According to the learned counsel for the appellants, it is not
in dispute that the present first respondent is the allottee. However,
submits that there is a dispute with reference to the guideline value
of the property.
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W.A.No.2337 of 2021
4. The learned Single Judge observed that there is no dispute
with regard to the fact that the original writ petitioner is a member
of the third respondent Society and the allotment order was made
in his favour on 12.09.1997 and the petitioner has paid the entire
cost of the plot in the year 1997 itself. The present appellants had
also taken a stand that the sale deed will be executed in favour of
the original writ petitioner and they are awaiting the details of the
guideline value of the concerned subject property.
5. In the light of the above, when the original writ petitioner
has paid the entire consideration amount of the property in the year
1997 itself, there is no reason for the appellants not to execute the
sale deed. Thus, the order of the learned Single Judge does not
suffer from any illegality.
https://www.mhc.tn.gov.in/judis
W.A.No.2337 of 2021
6. Accordingly, the appeal as such stands dismissed. There will
be no order as to costs. Consequently, C.M.P.No.14821 of 2021 is
closed.
(S.V.G., CJ.) (P.D.A., J.)
06.06.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl/drm
https://www.mhc.tn.gov.in/judis
W.A.No.2337 of 2021
To
1. The Registrar of Co-operative Societies (Housing)
O/o. Co-operative Societies (Housing)
Second Floor, 48 Retherdon Salai
Vepery, Chennai – 7.
https://www.mhc.tn.gov.in/judis
W.A.No.2337 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl/drm)
W.A.No.2337 of 2021
06.06.2023
https://www.mhc.tn.gov.in/judis
