COMMON ORDER

The writ petitioners in this batch of writ petitions have, by and large, made identical prayer to issue a Writ of Mandamus to direct the Chennai Metropolitan Development Authority to approve the revised layout plan submitted on their behalf by the fifth respondent society and consequently direct the fifth respondent society to execute Sale Deeds in their favour, based on the allotment made in Vadaperumbakkam Co-operative Nagar (Extension).

2. The fifth respondent Cooperative Society has come out with a scheme for allotment of housing plots to individual prospective buyers. The scheme was titled Vadaperumbakkam Co-operative Nagar Housing Project. The fifth respondent society claimed that they have formed a new layout in a sprawling land measuring an extent of 14.78 acres and invited individual buyers for sale of the housing plots. To this effect, the fifth respondent society caused a newspaper advertisement in one issue of English Daily 'The Hindu' on 21.06.1998. Even in the advertisement, it was mentioned that approval of the layout by the Chennai Metropolitan Development Authority (in short CMDA) is awaited. In response to the advertisement, it is stated that about 119 persons have approached the fifth respondent, including the writ petitioners, numbering about 42. It is stated that most of the buyers have either paid the entire amount for purchase of the plots, including the charges towards registration of the plots in their favour. However, the fifth respondent society has not executed sale deeds in their favour. Therefore, the writ petitioners have come up with the present batch of writ petitions.

3. Mr. P.B. Balaji, learned counsel appearing for the petitioners would contend that the petitioners have paid the entire amount for purchase of the housing plots for which receipts have also been issued by the fifth respondent during the years 1998/1999 on various dates. During August 1999, the fifth respondent confirmed that they are having valid and assertable title in respect of the lands in question and they have also obtained sale deeds executed by the previous owners of lands confirming the title in their favour. It was also represented by the fifth respondent society that they have obtained Patta, Chitta and Adangal in their name. The fifth respondent also claimed that they have executed necessary Gift Deed to Puzhal Panchayat Union as a condition precedent for getting approval of the layout. It was also represented that the fifth respondent had remitted the necessary charges to the Tamil Nadu Electricity Board to shift the HT/LT lines passing through the lands. In the year 2008 the fifth respondent society informed the petitioners that CMDA had requested for certain documents as a condition precedent for granting layout approval. It is further stated by the petitioners that the fifth respondent has also submitted revised plan for approval of the layout during December 2011, but the fact remains that so far layout approval has not been accorded by the CMDA. In this regard, the learned counsel for the petitioners invited the attention of this Court to various communications exchanged between the fifth respondent society and the CMDA authorities of the Government, however, even after 16 years, the fifth respondent has not bothered to allot the plots to individual buyers inter alia withholding the amount paid by them unlawfully.

4. The learned counsel for the petitioners further submitted that during the pendency of these writ petitions, the third respondent/CMDA in principle has approved the layout in respect of the Plot Nos. 1, 2, 4, 5, 6, 7, 14, 23, 24/1, 1, 2A, 2B, 3, 26/1, 2, 3, 27/2, 31/1, 2, 3, 44 and 44 of Vadaperumbakkam Village, however, the fifth respondent society is demanding payment of development charges as per the prevailing rate, as has been communicated by the third respondent/CMDA. When the fifth respondent society had collected the entire amount payable by the petitioners even during the year 1