Madras High Court
Kamala Prasad vs Chennai Metropolitan Development on 6 October, 2025
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
WP No. 37113 of 2025
1. Kamala Prasad
S/o Late Mr. Bajrangala Kajaria,
12 Diamonds, 11th Floor,
46a Alipore, Po Alipore,
Kolkata, West Bengal 700 027
Petitioner(s)
Vs
Chennai Metropolitan Development
Authority (CMDA)
Rep By Its Member Secretary
Thalamuthu Natarajan Maaligai,
No 1 Gandhi Irwin Road, Egmore
Chennai 600 008
Respondent(s)
PRAYER
Direct the Respondent to allow the Power Attorney Holder of the petitioner
Mr.Ramesh Sarangadharrao Auradhkar, to receive the original copy of the Lease
-cum sale agreement dated 08.03.1991 and also to allow the same power
Attorney Holder to execute the Sale deed on behalf of the petitioner.
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2
For Petitioner(s): M/s.K.S.Shankar Chakrapani
B. Mughundhan
Saravana Rajan S
M. Bharathidasan
For Respondent: Mr.V.Sudalai Selvam,
Standing Counsel
ORDER
The petitioner is a Dealer in Iron and Steel. He claims that he is running
a Sole Proprietorship under the name and style of "M/s.Hind Udyog
Corporation" having its Registered office at 93A, Titjala Road, Calcutta 700
2. It was a decision of the Government of Tamil Nadu to create a separate
market for dealers in iron and steel. This market was created in Sathangadu.
The petitioner was desirous of getting a plot in his favour. Accordingly, he
applied on 1.5.1987. His application was accepted and a Lease cum Sale
Agreement was entered into between the respondent and the petitioner on
8.3.1991. It is necessary to point out, at this stage, that the petitioner had
entered into a Lease cum Sale Agreement on 8.3.1991 through his Power of
Attorney Holder Sri.Rameshwar Prasad Joshi. Even at that time, the petitioner
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was residing at 32, Armenian Street, Calcutta. Under the Lease cum Sale
Agreement, the petitioner was allotted a plot bearing No.D-411.
3. In terms of the Lease cum Sale Agreement, the petitioner had paid all
the amounts due to the respondent. This is evidenced from the "No Due
Certificate" dated 30.11.2012 issued by the CMDA. The petitioner has also
secured renewal of licence from the Market Management Committee in terms of
the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act,
1996.
4. Having complied with the requirements of the Lease cum Sale
Agreement, the petitioner had sent a representation on 26.7.2025 calling upon
the respondent to hand over the original copy of the Lease cum Sale Agreement
dated 8.3.1991 and also to allow his Power of Attorney Agent to complete the
sale transaction. Though the representation was received, there was no response
from the respondent. Hence, the petitioner has come forward with the present
writ petition.
5. I have heard Mr.K.S.Shankar Chakrapani, learned counsel for the
petitioner and Mr.V.Sudalai Selvam, learned Standing Counsel for the
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respondent.
6. I have gone through the records.
7. As the facts have already been narrated, I do not find that reiteration of
the same in this portion of the judgment is necessary.
8. A perusal of the papers reveals that the petitioner is aged about 85
years. He has executed a Deed of Special Power of Attorney on 22.8.2025 in
favour of one Ramesh Sarangdharrao Auradkar. The said Power of Attorney is
also registered on the file of the Sub Registrar III, Chhatrapati Sambhajinagar
bearing Document Serial No.Chhasan 3-9800-2025. The said Power of
Attorney authorises the following acts:-
"1) To submit the agreement to sale and sale deeds,
lease deeds, mortgage deed, hypothecation deed,
personal guarantee, consent deed, gift deed correction
deed and other related documents executed by the
Executant, either for purchase, sale lease or
hypothecation of immovable properties, to the
Registering Authority for the purpose of registration
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and give admission of the execution.
2) To do all other acts and deeds which are necessary
and essential to complete the registration of the
agreement to sale, sale deeds, lease deeds, mortgage
deed, hypothecation deed, personal guarantee, consent
deed, gift deed and other related documents either in
favour of Executant or by the Executant in favour of
Third Party.
3) All above acts and deeds if done by his Attorney
Holder will be deemed to have been done by the
Executant and will be binding on the Executant.
4) AND WHEREAS, The Attorney Holder has no rights
to the accepting consideration amount."
9. The reason for the CMDA not to execute the sale deed in favour of the
writ petitioner through the Power of Attorney seems to be the interpretation of
clause 13 of the Lease cum Sale Agreement. The said clause reads hereunder:-
"13. Transfer of Title:
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(a) Transfer of title of shops shall be only with the concurrence
of the Authority. Sale deed will be issued to the allottee/only to
a person in the same trade.
(b) In case the Lessee Purchaser herein dies after possession
from the Vendor, the Vendor may transfer the benefit of this
agreement in favour of the legal heir of the Lessee Purchaser
on obtaining proof of heirship and necessary documents for the
recognition of such heir."
10. A perusal of the above clause shows that the title of the shop cannot
be transferred by the allottee in favour of any other person without prior
permission of the CMDA and even if permission was granted, it can be only in
favour of any person, who is dealing in the same trade. This clause does not bar
the power of attorney of the allottee to get a sale deed in favour of his principal.
11. The petitioner, being an octogenarian, cannot be called upon to come
all the way from Aurangabad, where he is currently residing, to get the sale deed
executed in his favour. The petitioner has also averred that on account of
various medical ailments and his advanced age, he is unable to travel to
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Chennai. It is, therefore, he has executed a Deed of Special Power of Attorney.
It is only for the purpose of completing the transaction between himself and the
CMDA.
12. The purpose of executing a power of attorney is to complete the
transaction that is entered into between the principal and the respondent. The
power of attorney also reads that the principal accepts that the acts done by his
Power Holder, will be deemed to have been done by the Executant and will be
binding on him. It is not as if there is a transfer of title from the petitioner to the
power agent. The sale deed entered between the CMDA and the petitioner is
going to be completed through the power agent. Title is going to vest only with
the writ petitioner and not with the power agent. Hence, I am of the view that
the reluctance on the part of the CMDA in the aforesaid circumstances is
unwarranted. Consequently, the writ petition is ordered with the following
directions:-
i) CMDA shall verify the original of the power of attorney executed by
the petitioner in favour of Shri.Ramesh Sarangadharrao Auradhkar.
ii) On being satisfied with the execution of the power of attorney deed, it
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shall complete the transaction that has been initiated by the petitioner on
8.3.1991.
iii) The petitioner shall, obviously, bear the registration and stamp charges
for the purpose of completing the transaction.
iv) Such exercise shall be completed within a period of four weeks from
today.
v) There shall be no order as to costs.
06-10-2025
ssk
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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To
Chennai Metropolitan Development
Authority (CMDA)
Rep By Its Member Secretary
Thalamuthu Natarajan Maaligai,
No 1 Gandhi Irwin Road, Egmore
Chennai 600 008
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V.LAKSHMINARAYANAN J.
ssk
06-10-2025
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