Madras High Court R.V.Subramanian vs Chennai Metropolitan Development on 4 September, 2018 Dated: 04.09.2018 THE HON'BLE MR.JUTICE M.VENUGOPAL AND THE HON'BLE MRS.JUSTICE S.RAMATHILAGAM W.P.Nos.22183 and 22184 of 2018 R.V.Subramanian Partner M/s.Raja Holdings, Financers and Merchants Partnership Firm ... Petitioner in both the W.Ps. vs. 1.Chennai Metropolitan Development Authority, rep.by its Member Secretary, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Chennai600 008 2.Corporation of Chennai, Rep.by its Commissioner, Rippon Buildings, Chennai600 002 3.The State of Tamil Nadu, Rep.by its Secretary, Ministry of Housing and Urban Development, Secretariat, St.Fort George, Chennai600 009 4.N.Padmanabhan 5.R.R.P.Housing Pvt.Ltd., No.12/6, Achutha Nagar, Ekkattuthangal, Chennai32, rep.by Insolvency Resolution Professional Mr.N.Arumugam ... Respondents in both the W.Ps. Prayer in W.P.No.22183 of 2018:Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the First Respondent to deseal the building at Door No.12/6, Achutha Nagar, Ekkattuthangal, Chennai600 032 and permit the Petitioner to carry out rectification as per Order of the 3rd Respondent dated 09.08.2016 in Letter No.13524/UDVI(1)/2016(4). Prayer in W.P.No.22184 of 2018:Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the Third Respondent to consider the Representation and pass orders permitting the Petitioner to rectify the building at Door No.12/6, Achutha Nagar, Ekkattuthangal, Chennai600 032 and permit the Petitioner to carry out rectification as per Order of the 3rd Respondent dated 09.08.2016 in Letter No.13524/UDVI(1)/2016(4). For Petitioner : Ms.S.Vaitheeswari for Mr.Niranjan Rajagopalan For Respondents :Mr.Karthick Rajan for R1 Mr.A.Nagarajan for R2 Mr.R.Udayakumar,A.G.P. for R3 COMMON ORDER (Order of the Court was made by M.VENUGOPAL,J.) Heard the Learned Counsel for the Petitioner, the Learned Counsels for R1 and R2 and the Learned Additional Government Pleader for R3. 2.To avoid an avoidable delay, Notice to R4 and R5 is not ordered by this Court. 3.According to the Petitioner, the present Writ Petitions are filed praying for issuance of Mandamus in directing the First Respondent to deseal the building at Door No.12/6, Achutha Nagar, Ekkattuthangal, Chennai32. Further the Petitioner has sought permission from this Court to carry out the Rectification, as per Order of the 3rd Respondent dated 09.08.2016 in Letter No.13524/UDVI(1)/2016(4) and also sought for a direction to the Respondents to consider his Representation and to pass orders as stated above. 4.It is the case of the Petitioner that 'Raja Holdings', is a Registered Partnership firm, doing banking business since 1995 and it is a reputed firm in the business circle. The 4th Respondent claiming to be a 'Real Estate Promoter', approached the Partnership firm, stating that they are constructing and selling Villas in Guduvancherry, Tiruvallur etc, as 'RRP Housing Pvt Ltd.'. As a matter of fact, they had approached the Petitioner firm for financial assistance to an extent of Rs.5,50,00,000/ (Rupees Five and half Crores) for their business. Further, the 4th Responder offered to mortgage the properties situated at Ekkattuthangal and Tambaram, owned by them personally, as security for the amounts borrowed from the Petitioner's Partnership firm, 5.Based on the discussions between the Petitioner and the 4th Respondent, it was agreed to execute separate Mortgage Deeds, wherein, the properties belonging to the 4th Respondent's sons, at AgaramThen Village, Tambaram Taluk and the land and building at at No.4, Achutan Nagar, 1st Street, Old Poonamallee Road, Ekkattuthangal, Chennai32, which was owned by the Fourth Respondent, were to be mortgaged, assuring the Petitioner that he had valid legal title to the Properties and that the building that was there in the property also had valid approval. Indeed a sum of Rs.5,10,00,000/ (Rupees Five Crores and Ten Lakhs) was disbursed by the Petitioner Firm through an 'Account Payee Only' Cheque to the 4th Respondent, as mentioned in the Mortgage Deed. The balance sum of Rs.40 Lakhs was disbursed by Cheques through associates of the Petitioner's firm, viz., Mrs.Shantha Jayaram and Mrs.G.Kalpana. Apart from that three Promissory Notes were issued by the 4th Respondent and his two Sons to the Petitioner Firm and the two Associates acknowledged the dues. 6.It comes to be known that among other Mortgage Deeds, a Simple Mortgage of the Property at Ekkattutha