The High Court dismissed a writ petition where a society sought a mandatory order to execute a sale deed for a plot. The court found no evidence of a prior allotment order and held that social activities alone do not create a statutory obligation to transfer title.
None; the petition was dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.02.2021 CORAM THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No.37662 of 2016
Gandhiji Podhunala Seva Sangam (Sl. No.113/2013), Rep. by its President Mr.M.Babu, Plot No.401, New No.21, Old No.11, 8th Cross Street, Trustpuram,
Kodambakkam, Chennai – 600 024. ...Petitioner Vs 1.The Chairman, Tamil Nadu Slum Clearance Board, Beach Road, Chennai – 600 005. 2.The Estate Officer – IV, Estate Office Area – IV, Tamil Nadu Slum Clearance Board, Teynampet, Chennai – 600 018. .. Respondents
Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to execute a sale deed in respect of the said plot in favour of the petitioner Plot No.401, New No.21 Old No.11 (No.23/11) 8th Cross Trustpakkam, Chennai – 600 024.
For Petitioner : Mr. Perumbulavil Radhakrishnan For Respondents : Mr. S.Prabu Standing Counsel O R D E R
This Writ Petition is filed for issuing Writ of Mandamus directing the respondents to execute a sale deed in respect of Plot No.401 new No.21 Old No. 11 (No.21/11), 8th cross, Trustpuram, Chennai.)
The petitioner is a society registered in the year 2003 under the provisions of Tamil Nadu Societies Registration Act 1975. The society was formed originally in the year 1961 and https://hcservices.ecourts.gov.in/hcservices/ it is running a free night school in the plot for which the
petitioner is seeking conveyance from the respondents. The said school was very popular among the poor and downtrodden. The president himself was a beneficiary of the free night school. The petitioner society conducted various functions on Gandhi Jayanthi, Independence Day and Republic day and used to host luminaries to participate in the functions organised by the petitioner. The Society was functioning in a specific plot bearing No.401, New No.21, Old No.11, 8th Cross Street, Trustpuram, Kodambakkam, Chennai, which is having an area of about 880 sq.ft. The society was performing several social service and offering free education to children who belonged to poor families. The society was giving training to women with handicrafts and other crafts so as to augment their family income.
seeking permission for running a school in a plot in which a temporary structure was put up by the petitioner.
to allot a plot and the society has altered its position to their disadvantage based on such promise. The principle of promissory estoppal cannot be pressed into service in this case and this Court is also not convinced with any right to seek conveyance.
The Writ Petition is therefore dismissed. No costs.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
bkn
To
1.The Chairman,
Tamil Nadu Slum Clearance Board,
Beach Road, Chennai – 600 005.
2.The Estate Officer – IV,
Estate Office Area – IV,
Tamil Nadu Slum Clearance Board,
Teynampet, Chennai – 600 018.
+1cc to Mr.Perumbulavil Radhakrishnan, Advocate SR.No. 7040
+1cc to Mr.S.Prabhu , Advocate SR.No. 7580
W.P. No.37662 of 2016
AJB (CO)
A.SK(22.06.2021)
3 issues framed by the court
Whether a society engaged in Gandhian social activities is entitled to a writ of mandamus to execute a sale deed for a specific plot.
Whether the court can compel the respondent to allot a plot based on the petitioner's past possession or social service work.
Whether the doctrine of promissory estoppel applies to direct the execution of a sale deed in the absence of an allotment order.
Gandhiji Podhunala Seva Sangam
The Chairman, Tamil Nadu Slum Clearance Board
The Estate Officer – IV
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
