D.Patchai (DECEASED), v. The Chief Executive Officer
WP/5701/2015 · 2026-06-02
M Dhandapani
Transfer Petitionbody2015
DailyLaw.ai
[ 2015 DAILYLAW 3908 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2015 DAILYLAW 3908 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.No.5701 of 2015 __________ Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-06-2026
CORAM:
THE HON'BLE MR JUSTICE M.DHANDAPANI W.P.No. 5701 of 2015 and W.M.P.Nos.7655 & 14784 of 2023, & 23322 of 2025
1. D.Patchai (DECEASED), S/o.Duraisamy, Shop No.6, Manali Pudhu Nagar, Chennai 103
2. Rani, W/o. Late D.Patchai, 54-78, Manali Pudhu Nagar, Idayanjavadi (B), Chennai- 600103.
3. Ravi, S/o. Late D.Patchai, 54-78, Manali Pudhu Nagar, Idayanjavadi (B), Chennai- 600103.
4. Shanmugam, S/o. Late D.Patchai, 54-78, Manali Pudhu Nagar, Idayanjavadi (B), Chennai- 600103.
5. Latha D/o. Late D.Patchai, 54-78, Manali Pudhu Nagar, Idayanjavadi (B), Chennai- 600103.
6. Suresh, S/o. Late D.Patchai, 54-78, Manali Pudhu Nagar, Idayanjavadi (B), Chennai- 600103.
7. Sankar, S/o. Late D.Patchai, 54-78, Manali Pudhu Nagar, Idayanjavadi (B), Chennai- 103. (P2 TO P7 SUBSTITUTED AS LRs OF DECEASED SOLE PETITIONER VIDE ORDER DT 20.12.2022 MADE IN WMP.27929/2016 IN WP.5701/2015 BY NSKJ) ..Petitioners https://www.mhc.tn.gov.in/judis
W.P.No.5701 of 2015 __________ Page No.2 of 6 Vs The Chief Executive Officer Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, No.1, Gandhi Irwin Road, Egmore, Chennai 8 ..Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to execute sale deed in favour of petitioner in respect of Shop No.6, Manali Pudhu Nagar, Chennai 103. For Petitioners: Mr..K.Murali
For Respondent: M/s.P.Veena Suresh *** O R D E R
Learned counsel for the petitioner would submit that the petitioner’s father was allotted with a Bunk Shop situated at Shop No.6, Manali Pudhu Nagar, Chennai 600 103 on 25.05.1979 by the Chennai Metropolitan Authority and monthly rent was fixed at Rs.80/- per month. The respondent, vide letter dated 24.12.1998, has instructed the petitioner’s father to pay the nominal value of Rs.100/- to get the allotted Bunk shop on ownership basis and also directed the petitioner’s father to pay the arrears of sum of Rs.13,940/- as on 31.12.1998 without interest, after adjusting the amount already paid by the petitioner’s father. https://www.mhc.tn.gov.in/judis
W.P.No.5701 of 2015 __________ Page No.3 of 6
2. Subsequently, the respondent herein has issued a show cause notice dated 28.07.2000 to the petitioner’s father, questioning as to why not the allotment of the bunk shop made to the petitioner, be cancelled. Subsequently, the petitioner’s father submitted his explanation to the respondent directly and requested to reduce the arrears of rent. On 20.12.2001, the petitioner’s father has paid a sum of Rs.10,000/- to the respondent and thereafter, he paid a sum of Rs.1000/- on 14.02.2002 and on 20.03.2002, a sum of Rs.1,000/- was paid and on 28.01.2005, a sum of Rs.2500/- was paid by the petitioner’s father to the respondent. The petitioner’s father made a representation dated 04.03.2014 to the respondent requesting to execute the sale deed in favour of him. But, till date, no action has been taken in this regard. Aggrieved against the same, the present writ petition is filed before this Court. 3. M/s.P.Veena Suresh, learned standing counsel appearing for the respondent submitted that due to the non-payment of the balance amount by the petitioner’s father, the allotment of the bunk shop made to the petitioner’s father was cancelled as early as on 31.08.1997 itself and subsequently, the bunk shop was allotted to one S.Kamaraj . However, the learned counsel for the petitioner submitted that on 10.10.2014, the petitioner’s father made an application under the Right to Information Act (RTI), seeking for relevant particulars pertaining to the allotment of the bunk shop. In reply to the said RTI application, it has been stated that the subject shop has been re-allotted to one S.Kamaraj and Lease- https://www.mhc.tn.gov.in/judis
W.P.No.5701 of 2015 __________ Page No.4 of 6 Cum-Sale Agreement is not executed.
Hence, the learned counsel for the petitioner prayed for considering the representation dated 04.03.2014 made by the petitioner’s father. 4. Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondent and perused the materials placed before this Court. 5. Perusal of the reply given for the RTI application made by the petitioner’s father dated 10.10.2014 reveals that the subject shop has been re- allotted to one Kamaraj and the Lease-Cum-Sale Agreement has not been executed. In view of the same, this Court directs the respondent to consider the representation made by the petitioner’s father dated 04.03.2014 and pass appropriate orders in the manner known to law within a period of two (02) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 02-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sts https://www.mhc.tn.gov.in/judis
W.P.No.5701 of 2015 __________ Page No.5 of 6 To: The Chief Executive Officer Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, No.1, Gandhi Irwin Road, Egmore, Chennai 8 https://www.mhc.tn.gov.in/judis
W.P.No.5701 of 2015 __________ Page No.6 of 6 M.DHANDAPANI J. sts
Order made in W.P.No.5701 of 2015 Dated: 02-06-2026 https://www.mhc.tn.gov.in/judis