IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.9.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.2950 of 2001 V.K.Govindan .. Petitioner vs. 1. The Secretary to Government Revenue Department Fort St. George, Chennai- 600 009 2. The Collector Kancheepuram District 3. The Managing Director Tamil Nadu Small Industries Development Corporation Ltd., Faulwel's Road Kothipara Junction, Chennai-600 016 .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the respondents to execute the sale deed in favour of the petitioner in Tiny Shed number 8, Sidco Industrial Estate, Walajabad, Kancheepuram Taluk for the interest of justice. For petitioner : Mr.V.Rajanarayanan For Respondents : Mrs.D.Geetha Additional Government Pleader for R1 and R2 Mr.M.A.Kalam for R3 O R D E R This writ petition has been filed for a writ of mandamus to direct the respondents to execute the sale deed in favour of the petitioner in Tiny Shed number 8, SIDCO Industrial Estate, Walajabad, Kancheepuram District. 2. It has been stated that based on the application, dated 6.1.1996, made by the petitioner, the third respondent had allotted a Tiny Shed No.8 in SIDCO Industrial Estate, Walajabad, https://hcservices.ecourts.gov.in/hcservices/ for the purpose of establishing a Small Scale Industry. The petitioner had paid the total sale consideration of Rs.7,600/- for the land and the shed. A sum of Rs.152/- had been paid towards the service charges. A sale agreement, dated 18.1.1996, had also been entered into between the petitioner and the third respondent Corporation. After the allotment of shed No.8, the petitioner had spent huge amounts of money for establishing and running a Small Scale Industry in the said place. However, in spite of the several requests made by the petitioner to the third respondent to execute a sale deed in favour of the petitioner for shed No.8, allotted in his name, there was no response from the third respondent. 3. It has been further stated that the petitioner has been put to severe financial loss, hardship and mental agony due to the non execution of the sale deed by the third respondent, in favour of the petitioner. 4. In the counter affidavit filed on behalf of the third respondent, it has been stated that on payment of the shed cost of Rs.7,600/- and the service charges of Rs.152/-, the Tiny shed No.8, at the Industrial Estate, Walajabad was allotted to the petitioner, vide allotment, dated 9.1.1996. 5. In the counter affidavit, it has been further stated that an extent of 0.25 acres in S.No.208/B in Walajabad Village, was handed over to the Revenue Inspector, Walajabad Village, on 14.12.1978. After taking possession of the said land, by SIDCO, Ten Tiny sheds were constructed during the year 1979 and they were allotted to the small scale industrial units. The Tiny shed No.8 was allotted to the petitioner, vide order, dated 6.1.1996. After the petitioner had paid the shed costs of Rs.7,600/- and the service charges of Rs.152/-, the allotment of Tiny shed No.8 had been made in favour of the petitioner. However, the patta for the above land had not been transferred in favour of SIDCO. The third respondent is unable to execute the sale deed in favour of the petitioner, since the land in S.No.208/B, measuring 0.25 acres in Walajabad Village is yet to be alienated in favour of SIDCO by the Revenue Department of the Government of Tamil Nadu. In spite of effective steps having been taken by the third respondent Corporation for the transfer of patta, there has been some delay on the part of the Revenue Department to transfer the patta. 6. The learned counsel appearing for the first and second respondents had submitted that a communication, dated 4.8.2006, in Na.Ka.4940/01 Aa5, had been issued by the Tahsildar, Kancheepuram District, to the third respondent, to comply with the requirements, with regard to the transfer of the land in S.No.208/B Walajabad Village. However, there has been no response from the third respondent till date. The learned counsel had also https://hcservices.ecourts.gov.in/hcservices/ submitted that when the third respondent Corporation complies with the requirements, there may not be any further impediment for the completion of the necessary formalities in the transfer of the land in question to the third respondent Corporation. 7. The learned counsel appearing for the third respondent had submitted that the necessary formalities as required by the second respondent would be complied with by the third respondent Corporation, with regard to the transfer of land, in S.No.208/B Walajabad Village, as expeditiously as possible. Once the land is transferred by the first and the second respondents to the third respondent Corporation, it would become possible for the third respondent Corporation to execute the sale deed in favour of the petitioner, as prayed for by him. 8. In view of the submissions made by the learned counsels appearing for the parties concerned, the second respondent is directed to send a communication to the third respondent Corporation specifying the requirements to be complied with by the third respondent Corporation, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such a communication, the third respondent Corporation is to comply with the requirements specified therein, within a period of eight weeks thereafter. Immediately after fulfilling the necessary requirements, the third respondent Corporation is to send a report of compliance to the first and second respondents. On receipt of the report of compliance from the third respondent Corporation, the first respondent is to pass appropriate orders thereon, transferring the land in question to the third respondent Corporation, within a period of four months thereafter. Based on the transfer of the land by the first respondent, the third respondent Corporation is to execute the sale deed in respect of the Tiny Shed No.8, SIDCO Industrial Estate, Walajabad, Kancheepuram Taluk, in favour of the petitioner, without any further delay. With the above directions, the writ petition stands disposed of. No costs. Lan Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To: 1. The Secretary to Government Revenue Department Fort St. George, Chennai- 600 009 2. The Collector Kancheepuram District 3. The Managing Director Tamil Nadu Small Industries Development Corporation Ltd., Faulwel's Road Kothipara Junction, Chennai-600 016 + 1 cc to the Government Pleader, SR No.56545 + 1 cc to Mr. V. Rajanarayanan, Advocate SR No. 56048 W.P.No.2950 of 2001 GGK(CO) SR/14.11.2008 https://hcservices.ecourts.gov.in/hcservices/