O R D E R

The issue involved in all these writ petitions are common and hence, they are taken up together, heard and disposed of through this common order.

2. The case of the petitioners is that they are owning certain properties, for which they have an access through a property belonging to the respondent society and which was used for a long period of time. The petitioners requested the society to execute a sale deed in their favour with respect to the small portion of property measuring to an extent of 36.36 cents, which is the access to the property belonging to the petitioners. Since the request made by the Petitioners was not accepted and their right of pathway was put to challenge, the petitioners resorted to filing civil suit before the competent Civil Court. It is also an admitted case that the petitioners are the members of the respondent society.

3. A suit came to be filed in O.S.No.184 of 2010, seeking for a declaration of easement right to pathway and for a permanent injuction and as a alternative to declare that the petitioners have a presumption right to purchase the property from the respondent society and for a mandatory injunction to the society to execute and register a sale deed in favour of the petitioners. This suit was contested and the Additional Sub Court, Thirupur, by judgment and decree dated 30.09.2016, decreed the suit and the same was also confirmed in Appeal in A.S.No.11 of 2018 by a judgement and decree dated 28.04.2018 in A.S.No.11 of 2018. By virtue of this decree, the pre-emptive right of the petitioners to purchase the property was declared and the respondent society was directed to fix a sale price, based on the guideline value and to execute and register the sale deed.

4. The grievance of the petitioners is that the respondent society did not comply with the decree and the sale deed was not executed in favour of the petitioners and therefore, left with no other option, these writ petitions have been filed before this Court seeking for appropriate directions.

5. A common counter affidavit has been filed by the 4th respondent and the relevant portion in the counter affidavit is extracted hereunder :-

12. I respectfully submit that the 4th respondent is ready to execute the sale deed in favour of the petitioners in the light of the judgement and decree in O.S.No.182/2010, 183/2010 and 184/2010 amd A.S.Nos.9/2018, 10/2018 and 11/2018. The Director of Handlooms /Functional Registrar of Co-operative societies issued the circular in R.C.No.9998/2017/C1 dated 27.11.2020, stating that any property will be sold to any members of society the market value of the property only to taken into consideration in execute the sale deed in favour of the members.In this regard, the 3rd respondent sent a letter written to 2nd respondent requesting market value of the said property vide letter dated 15.07.2020, 27.08.2020, 22.10.2020, 21.12.2020, 29.12.2020, the 2nd respondent after furnishing details of the said market value of the property. The 4th respondent is ready to execute the sale deed in favour of the petitioner.

6. The learned Government Counsel appearing on behalf of the 1st respondent submitted that the 2nd respondent was already directed to determine the market value of the property and give a report in order to enable the society to sell the property as per decree passed by the Civil Court. The learned counsel submitted that once the rate is determined, the same has to be paid by the petitioners and the sale deed will be executed in their favour.

5. The learned counsel appearing on behalf of the 4th respondent submitted that the petitioners are the members of the society and when executing the sale deed in favour of the members, only the market value of the property will be taken into consideration and once the respondents 1 to 3 issue necessary directions, the sale deed will be executed after receiving the market value of the property.

6. In the considered view of this Court, the sale deed has to be exe