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2026 DAILYLAW 54088 (MAD)

N.K.Kulandaisamy v. The Registrar of Cooperative Societies (Housing)

WP/28222/2026 · 2026-07-22

K Surender

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 28222 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE K. SURENDER WP No. 28222 of 2026 N.K.Kulandaisamy ..Petitioner(s) Vs 1. The Registrar of Cooperative Societies (Housing) 2nd Floor, Housing Board Building, Nandanam, Chennai-600 035 2. The Deputy Registrar of Cooperative Societies (Housing) Salem Region, East Garden Street, Fair lands, Salem-16. 3. The S.1565 Palace Nagar Co-op House Building Society, Rep. by its Administrator, Palace Tower Cherry Road, Salem-636 001 ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India seeking Writ of Mandamus to direct the third respondent to execute the Sale Deed in favour of the petitioner in respect of the Residential Flat No.12, First Floor, measuring super built-up area of 1063 sq.ft Block No.3 in the land comprised in Ward No.B, Block No.27, T.S. No.1 (Old Ward No.7, T.S.No.814/2) Cherry Road, Salem Town, Salem Taluk and District within the time fixed by this Honble Court. For Petitioner(s): Mr.K.Premkumar For Respondent(s): Mr.R.Chakkaravarthy Government Counsel for R1 to R3 https://www.mhc.tn.gov.in/judis WP No. 28222 of 2026 __________ Page2 of 5 ORDER This Writ Petition has been filed for issuance of direction to the third respondent to execute and register the Sale Deed in favour of the petitioner in respect of Residential Flat No.12, First Floor, measuring a super built-up area of 1063 sq.ft., Block No.3, situated in Ward No.B, Block No.27, T.S.No.1 (old Ward No.7, T.S.No.814/2), Cherry Road, Salem Town, Salem Taluk and District, Within the time frame. 2. The case of the petitioner is that he and his wife were members of the third respondent Co-operative House Building Society. The third respondent allotted the subject residential flat in their favour and an Allotment Letter dated 28.01.2002 was issued. Thereafter, a Sale Agreement dated 02.06.2003 was entered into between the parties fixing the sale consideration at Rs.11,69,300/-, payable by instalments. According to the petitioner, the entire sale consideration together with interest has been paid to the third respondent society. However, despite receipt of the entire consideration, the Sale Deed has not been executed. It is the further case of the petitioner that his wife passed away on 22.06.2017 leaving behind the petitioner and their children as legal heirs. The petitioner thereafter made several representations requesting the respondents to execute the Sale Deed either in his favour or in favour of all the legal heirs. Since no action was taken, the present Writ Petition has been filed. https://www.mhc.tn.gov.in/judis WP No. 28222 of 2026 __________ Page3 of 5 3. Learned counsel for the petitioner submitted that the entire sale consideration has already been paid by the petitioner. 4. Learned counsel for the respondent submitted that respondent society is now ready and willing to execute and register the Sale deed in favour of the petitioner. He further submitted that this Court, in W.P.No.23147 of 2021, under similar circumstances, directed the very same Society to execute and register the Sale Deed in favour of the allottee after receipt of the entire sale consideration and the relevant portion of aforesaid order is extracted hereunder:- “8. In the result, there shall be a direction to the third respondent to execute sale deed in favour of the petitioners with respect to the subject property within a period of six weeks from the date of receipt of a copy of this order. The third respondent shall ensure that the petitioners have paid the entire amount due towards the subject property before executing the sale deed.” 5. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the records. 6. Considering the submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the third respondent to execute https://www.mhc.tn.gov.in/judis WP No. 28222 of 2026 __________ Page4 of 5 and register the Sale Deed in favour of the petitioner in respect of the Residential Flat No.12, First Floor, measuring a super built-up area of 1063 Sq.ft., Block No.3, situated in Ward No.B, Block No.27, T.S.No.1 (Old Ward No.7, T.S.No.814/2), Cherry Road, Salem Town, Salem Taluk and District, within a period of six weeks from the date of receipt of a copy of this order. The third respondent shall ensure that the petitioner has paid the entire amount due towards the subject property before executing the sale deed. No costs. K.SURENDER J. 22-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JAI To 1. The Registrar of Cooperative Societies (Housing) 2nd Floor, Housing Board Building, Nandanam, Chennai-600 035 2. The Deputy Registrar of Cooperative Societies (Housing) Salem Region, East Garden Street, Fair lands, Salem-16. https://www.mhc.tn.gov.in/judis WP No. 28222 of 2026 __________ Page5 of 5 K.SURENDER J. JAI WP No. 28222 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis