R.Bakthavatchalu v. The Registrar Of Co Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25..02.2016 C O R A M The Hon'ble Mr. SANJAY KISHAN KAUL, CHIEF JUSTICE and The Hon'ble Mr. Justice M.M.SUNDRESH Writ Appeal No.1292 of 2011 R.Bakthavatchalu ... Appellant/Petitioner -Versus1. The Registrar of Co-operative Societies (Housing) No.22, 4th Main Road, Gandhi Nagar, Adyar, Chennai 600 020.

2.The Deputy Registrar of Co-operative Societies (Housing) 3.The Special Officer, Tamilnadu Co-operative Housing Society

4. G.Selvakumar (R.4 impleaded as Party respondent as per order dated 30.11.2011 in M.P.No.2 of 2011 in WA.No.1292 of 2011) 5.STN Properties, rep. By its Authorised Signatory 6/24, EB Colony First Main Road, Adambakkam, Chennai 600088.

(R.5 impleaded as party respondent as per order dated 16.11.2012 in M.P.No.1 of 2012 in W.A.No.1292 of 2011) ... Respondents - - - - - Prayer : Writ Appeal filed under Section 15 of the Letters Patent against the order dated 26.04.2011 in Writ Petition Nos.26400 of 2009, on the file of this Court. PRAYER IN WP.NO.26400/2009:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Certiorarified Mandamus to call for the entire records pertaining to the Proceedings in

RC.NO.2458/2006/SF1, Dated 30/08/2010 on the file of First Respondent and quash the same as illegal, incompetent and ultravires and consequently direct the respondents to register the undivided share of the petitioner as expeditiously as possible.

- - - - - For Appellant : Mr.Ma.P.Thangavel For Respondent: Ms.T.P.Savitha Government Advocate for R.1 and R.2 Mr.S.T.S.Murthi Government Pleader for R.3 Mr.V.Prakash, Senior Counsel for Mr.K.Sudalaikannu for R.4 Mr.V.Purushothaman for R5 - - - - -

J U D G M E N T

(Judgment of the Court was delivered by the Honourable The Chief Justice) In view of the subsequent developments and meetings being held, learned counsel for the appellant, on instruction, states that the appellant is willing to accept the plot of 1200 sq.ft, which is on parity with other members.

2. The meetings in pursuance to the impugned order have been held and now the issue is of implementation of resolution which has been passed. The President of the society will thus now take steps in pursuance thereto as submitted by the learned Government Pleader expeditiously.

3. The appeal is thus disposed of in the aforesaid terms as no other prayer is made.

ksr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Registrar of Co-operative Societies (Housing),No.22, 4th Main Road, Gandhi Nagar, Adyar, Chennai 600 020.

2.The Deputy Registrar of Co-operative Societies (Housing)

3.The Special Officer, Tamilnadu Co-operative Housing Society + 1 CC TO MR.Ma.P.THANGAVEL, ADVOCATE SR 12092 + 1 CC TO MR.S.T.S.MURTHI, ADVOCATE SR 12624 + 1 CC TO MR.K.SUDALAIKANNU, ADVOCATE SR 12347 + 1 CC TO MR.V.PURUSHOTHAMAN, ADVOCATE SR 11957 + 2 CCS TO THE GOVERNMENT PLEADER, SR 12585, 11907 KR/8/3/16 W.A. No.1292 of 2011