Madras High CourtWA/1225/2018disposed of

S.Karthikeyan v. The Secretary To

2018-07-10Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.7.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1225 of 2018 S.Karthikeyan Appellant

Versus

1. The Secretary to Government of Tamilnadu, Housing and Urban Development Department, Fort St. George, Chennai 600 009.

2. The Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai 600 027.

3. The District Registrar Office, Chennai North Corporation Thirumanakoodam 1st Floor, 1st Gopalsamy Street, Ambattur, Chennai 600 053.

4. The Sub Registrar, O/o. Sub Registrar, No.44/5, Vallalar Street, By-Pass Road, Red Hills, Chennai 600 052.

5. The Registrar of Co-operative Societies (Housing) Tamilnadu Housing Board Complex, Nandanam, Chennai 600 035.

6. The President, Videsh Sanchar Nigam Employees House Site Society Ltd., No.4, Swami Sivananda Salai, Chennai 600 002.

7. V.Joseph Manoharan President, Videsh Sanchar Nigam Employees House Site Society Ltd., No.4, Swami Sivananda Salai, Chennai 600 002.

Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 19.4.2017 passed in W.P.No.16332 of 2016 on the file of this court.

PRAYER IN W.P.No.16332 of 2016:

Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents 1 to 5 from permitting the 6th and 7th respondents to sell the 6th respondent Society lands through 7th respondent and members of the 6th respondent Society and to pass further orders.

For appellant : Mr.S.Senthilnathan For RR 1 to 4 : Mr.P.S.Sivashanmugasundaram, Special Government Pleader For respondent : Mr.L.P.Shanmugasundaram, Special Government Pleader

JUDGMENT

(Judgment of the court was made by M.DHANDAPANI, J.) Heard the learned counsel appearing for the appellant, Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader for respondents 1 to 4 and Mr.L.P.Shanmugasundaram, learned Special Government Pleader for respondents 5 and 6, who take notice on behalf of the respective parties.

2. The writ appeal has been filed by the writ petitioner challenging the order passed by the learned Single Judge in dismissing the writ petition filed seeking the relief of a mandamus forbearing respondents 1 to 5 from permitting the 6th and 7th respondents to sell the lands of the 6th respondent Society through the 7th respondent and members of the 6th respondent society.

2. The learned Single had dismissed the writ petition on the ground that the appellant/writ petitioner is not a member of the Society concerned and he has no locus standi to file the writ petition and if at all a member is aggrieved, he can approach the Registrar to redress his grievance. It also appears that the appellant/writ petitioner had already filed a

writ petition under the guise of public interest litigation which was also dismissed, but, now with the very same prayer, once again, he had come up with the present writ petition and the same also came to be dismissed.

3. We do not find any reason to interfere with the order passed by the learned Single Judge. Accordingly, the writ appeal is dismissed. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ssk.

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