LAWS(MAD)-2019-4-993

S. LAKSHMI AND ORS. Vs. PRINCIPAL SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND ORS.

Decided On April 27, 2019
S. Lakshmi And Ors. Appellant
V/S
Principal Secretary To Government, Housing And Urban Development Department And Ors. Respondents

JUDGEMENT

(1.) The two petitioners before me are mother-in-law and daughter-in-law respectively and are members in a co-operative society, the Chennai Metropolitan Co-operative Housing Ltd. arrayed as 3rd respondent (hereinafter referred to as 'R3'). They were allotted a site in a development called 'Millennium Town' of an extent of 6,600 sq.ft (in short 'property in question') and have remitted the entire sale consideration of Rs.10,80,000.00 in that regard. The Sale Deed has been executed on 27/4/2006.

(2.) Thereafter, the petitioners wished to effect construction upon the property and applied for patta before the 4th respondent, Tahsildar at Madurvayal, on 6/2/2015. The Tahsildar submitted a report relating to the sub-division of the property in question and issuance of patta. No action was taken by him thereafter constraining the petitioners to approach this Court in WP.No.22023 of 2016.

(3.) Vide order dtd. 27/6/2016, the Tahsildar was directed to consider and pass orders on the representation of the petitioner for issuance of patta within a period of eight (8) weeks. Since there was still silence on the part of the Tahsildar, information was sought under Right to Information Act, 2005 and the petitioner came to know that there was no land available as per the schedule to the sale deed. Only 22 sq.ft of land was available instead of 6,600 sq.ft. as per the deed for which they had paid valuable consideration.