Madras High Court
P.S.Jagannathan vs The President on 15 September, 2023
W.P.No.23401 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.23401 of 2023
P.S.Jagannathan ...Petitioner
Vs.
1.The President,
Chengalpattu Co-operative Housing,
Building Society Limited No.G.1382,
No.34-A/1, Alagesan Street, Vedachalam Nagar,
Chengalpattu-603 001.
2.The Secretary,
Chengalpattu Co-operative Housing,
Building Society Limited No.G.1382,
No.34-A/1, Alagesan Street, Vedachalam Nagar,
Chengalpattu-603 001.
3.Registrar of Co-operative Societies (Housing),
Second Floor, Ritherdon Road,
Purasaiwakkam,
Chennai-600 084.
4.Deputy Registrar-Housing,
Chengalpattu Region,
No.26, Alagesan Nagar,
Chengalpattu-603 001. ...Respondents
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W.P.No.23401 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to rectify the Sale
deed dated 20.05.2005, bearing Doc.No.602 of 2005 SRO Chengalpattu
incorporating the Survey numbers as S.No.241 Part and T.S.No.43
instead of S.No.242 and T.S.No.44 measuring an extent of 5,500 Sq.ft
along with building situated at Melamaiyur Village, Chengalpattu Taluk,
Kancheepuram District.
For Petitioner : Mr.V.Ramesh
for Mr.T.Thiyagarajan
For Respondents : Mrs.S.Anitha
Special Government Pleader
ORDER
This Writ Petition is filed seeking a direction to the
respondents to rectify the sale deed dated 20.05.2005 executed in favour
of the petitioner by the respondents 1 & 2.
2. It is the case of the petitioner that the respondents 1 & 2
executed a sale deed for the land in Plot No.A65 in 9th Cross Road, Anna
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W.P.No.23401 of 2023
Nagar, Melamaiyur Village, Chengalpattu Taluk, Kancheepuram District.
In the sale deed executed in favour of the petitioner while mentioning the
survey numbers the same was wrongly mentioned as S.No.242 and
TS.No.44 instead of S.No.241 part and TS.No.43. The said fact came to
the knowledge of the petitioner from TSLR patta issued in his favour.
Immediately, thereafter, the petitioner issued a notice to the respondents
requesting him to execute the rectification deed giving correct survey
number of the property.
3. The second respondent sent a reply to the petitioner that
execution of rectification deed was not within the scope of the bye laws
of the society. Therefore, the petitioner is before this Court.
4. The learned counsel for petitioner by taking this Court to
averment found in the affidavit in support of Writ Petition submitted that
from TSLR patta petitioner recently came to know of the error in the sale
deed with respect to survey number and hence approached the
respondents seeking rectification and the same has been refused. The
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W.P.No.23401 of 2023
petitioner in support of his contention relied on the judgment of the
Hon'ble Apex Court in Rajasthan State Industrial Development and
Investment Corporation Vs. Subhash Sindhi Cooperative Housing
Society, Jaipur and others, reported in (2013) 5 SCC P.427
5. The learned Special Government Pleader appearing for the
first respondent produced a written instruction of the administrator of the
first respondent society stating that the Deputy Registrar of housing
society has no power to permit the execution of rectification deed in
respect of the documents executed by the society.
6. In the affidavit filed in support of this writ petition it is
claimed by the petitioner that he acquired knowledge about mistake in
Survey number based on Town Survey Land Register (TSLR). The
petitioner seeks rectification of the sale deed based on entry in TSLR. It is
not open to the petitioner to rely on TSLR issued in his favour and seek
rectification of the sale deed. On the contrary, the revenue document
namely, the TSLR issued in favour of the petitioner shall be in accordance
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W.P.No.23401 of 2023
with the title documents of the petitioner. Therefore, based on the
averments found in the affidavit filed in support of this Writ Petition, this
Court cannot issue a direction to respondents to execute the rectification
deed. The question regarding rectification of instrument shall be decided
based on boundaries mentioned in the document and intention of
executant. This Court in writ jurisdiction cannot go into said factual
aspects.
7. In such circumstances, this Court is not inclined to
entertain the prayer made by the Writ Petitioner. However, it is open to
the petitioner to file an appropriate suit seeking rectification of the deed
in the manner known to law and accordingly, this Writ Petition is
dismissed with liberty as stated above. No costs.
15.09.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation Case : Yes/No
dna
https://www.mhc.tn.gov.in/judis
W.P.No.23401 of 2023
S.SOUNTHAR, J.
dna
To
1.The President,
Chengalpattu Co-operative Housing,
Building Society Limited No.G.1382,
No.34-A/1, Alagesan Street, Vedachalam Nagar,
Chengalpattu-603 001.
2.The Secretary,
Chengalpattu Co-operative Housing,
Building Society Limited No.G.1382,
No.34-A/1, Alagesan Street, Vedachalam Nagar,
Chengalpattu-603 001.
3.The Registrar of Co-operative Societies (Housing),
Second Floor, Ritherdon Road,
Purasaiwakkam,
Chennai-600 084.
4.The Deputy Registrar-Housing,
Chengalpattu Region,
No.26, Alagesan Nagar,
Chengalpattu-603 001.
W.P No.23401 of 2023
15.09.2023
https://www.mhc.tn.gov.in/judis
