High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
V.K. Govindan
Versus
The Secretary to Government Revenue Department & Others
W.P.No.2950 of 2001
Decided on: 30-09-2008
Mandamus - Sale Deed - The court directed the respondents to execute the sale deed in favor of the petitioner for a Tiny Shed in the Industrial Estate, based on the transfer of land by the government authorities.
Fact of the Case:
The petitioner sought a writ of mandamus to compel the respondents to execute a sale deed for a Tiny Shed allotted to establish a Small Scale Industry. The petitioner had paid the total sale consideration and service charges but faced financial loss due to non-execution of the sale deed.
Finding of the Court:
The court directed the government authorities to specify and comply with the requirements for transferring the land to the corporation, and upon compliance, ordered the execution of the sale deed in favor of the petitioner.
Issues: Non-execution of sale deed, financial loss, delay in land transfer, compliance with requirements.
Ratio Decidendi: The court emphasized the need for the government authorities to expedite the transfer of land to the corporation and ordered the execution of the sale deed upon fulfillment of specified requirements.
Final Decision: The court directed the respondents to facilitate the transfer of land and execute the sale deed in favor of the petitioner within a specified timeline.
1. This writ petition has been filed for a writ of mandamus to direct the respondents to execute the sale deed in favour of the petitioner in Tiny Shed number 8, SIDCO Industrial Estate, Walajabad, Kancheepuram District.
2. It has been stated that based on the application, dated 1. 1996, made by the petitioner, the third respondent had allotted a Tiny Shed No.8 in SIDCO Industrial Estate, Walajabad, for the purpose of establishing a Small Scale Industry. The petitioner had paid the total sale consideration of Rs.7,600/-for the land and the shed. A sum of Rs.152/- had been paid towards the service charges. A sale agreement, dated 11. 1996, had also been entered into between the petitioner and the third respondent Corporation. After the allotment of shed No.8, the petitioner had spent huge amounts of money for establishing and running a Small Scale Industry in the said place. However, in spite of the several requests made by the petitioner to the third respondent to execute a sale deed in favour of the petitioner for shed No.8, allotted in his name, there was no response from the third respondent.
3. It has been further stated that the petitioner has been put to severe financial loss, hardship and mental agony due to the non execution of the sale deed by the third respondent, in favour of the petitioner.
4. In the counter affidavit filed on behalf of the third respondent, it has been stated that on payment of the shed cost of Rs.7,600/- and the service charges of Rs.152/-, the Tiny shed No.8, at the Industrial Estate, Walajabad was allotted to the petitioner, vide allotment, dated 1. 1996.
5. In the counter affidavit, it has been further stated that an extent of 0.25 acres in S.No.208/B in Walajabad Village, was handed over to the Revenue Inspector, Walajabad Village, on 112. 1978. After taking possession of the said land, by SIDCO, Ten Tiny sheds were constructed during the year 1979 and they were allotted to the small scale industrial units. The Tiny shed No.8 was allotted to the petitioner, vide order, dated 1. 1996. After the petitioner had paid the shed costs of Rs.7,600/- and the service charges of Rs.152/-, the allotment of Tiny shed No.8 had been made in favour of the petitioner. However, the patta for the above land had not been transferred in favour of SIDCO. The third respondent is unable to execute the sale deed in favour of the petitioner, since the land in S.No.208/B, measuring 0.25 acres in Walajabad Village is yet to be alienated in favour of SIDCO by the Revenue Department of the Government of Tamil Nadu. In spite of effective steps having been taken by the third respondent Corporation for the transfer of patta, there has been some delay on the part of the Revenue Department to transfer the patta.
6. The learned counsel appearing for the first and second respondents had submitted that a communication, dated 8. 2006, in Na.Ka.4940/01 Aa5, had been issued by the Tahsildar, Kancheepuram District, to the third respondent, to comply with the requirements, with regard to the transfer of the land in S.No.208/B Walajabad Village. However, there has been no response from the third respondent till date. The learned counsel had also submitted that when the third respondent Corporation complies with the requirements, there may not be any further impediment for the completion of the necessary formalities in the transfer of the land in question to the third respondent Corporation.
7. The learned counsel appearing for the third respondent had submitted that the necessary formalities as required by the second respondent would be complied with by the third respondent Corporation, with regard to the transfer of land, in S.No.208/B Walajabad Village, as expeditiously as possible. Once the land is transferred by the first and the second respondents to the third respondent Corporation, it would become possible for the third respondent Corporation to execute the sale deed in favour of the petitioner, as prayed for
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