G.S.Arokiyasamy (M. No. 167) v. The Registrar Of Co - Operative Societies (Housing)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2022 C O R A M THE HON'BLE MS.JUSTICE V.M.VELUMANI W.P.No.2447 of 2021 G.S.Arokiyasamy

...Petitioner

Vs 1.The Registrar of Co-operative Societies (Housing), No.900/38, Rethedren Road, Vepery, Chennai-7.

2.The Deputy Registrar of Co-operative Societies (Housing), No.18, Ramanathan Street, T.Nagar, Chennai -17.

3.The Sub-Registrar of Co-operative Societies (Housing), No.18, Ramanathan Street, T.Nagar, Chennai -17.

4.The Joint Registrar of Co-operative Societies (Housing) SH 1/14, Dasspuram, Chetpet, Chennai - 31.

... Respondents (R4 suo motu impleaded vide order of this Court dated 17.02.2022 made in W.P.No.2447 of 2021) Prayer Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 23.11.2020 within a time frame fixed by this Court.

For Petitioner : Mr.G.Mutharasu For Respondents: Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition is filed seeking for a direction to the respondents 1 to 3 to consider the petitioner's representation dated 23.11.2020 within a time frame fixed by this Court.

2.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents.

3.According to the petitioner, he is the member of the Buckingham & Carnatic Mills Employees Co-operative House Construction Ltd, X-403, Chennai -39. In the year 2013, the 1st respondent conducted society election and result was also declared. Due to the mismanagement and fraudulent act of the members, the 1st respondent dissolved the committee and in the year 2017 appointed the 3rd respondent to maintain the society. As per the society By-Law, the 3rd respondent has to conduct General Body Meeting every year, but he has failed to conduct the General Body Meeting from his appointment to till date. In such circumstances, the petitioner and other members sent a representation dated 09.04.2017 to the 1st respondent for conducting General Body Meeting.

However, the 1st respondent has not passed any orders on the petitioner's representation and has not directed the 3rd respondent to conduct the General Body Meeting. Again the petitioner and four other members of the society gave a representation dated 23.11.2020 to the respondents for conducting election for the society to protect the interest of the society. Since no order has been passed on the said representation, the petitioner has come out with the present Writ Petition.

4.Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents submitted the Joint Registrar of the Co-operative Societies is the competent authority to issue a direction with regard to the conducting of election to the society. Therefore, if any representation is received by the Joint Registrar of the Co-operative Societies, he will consider the same and pass orders.

5.Considering the nature of relief sought for by the petitioner and the contention of the learned Special Government Pleader, without expressing any opinion on the merits, the Joint Registrar of Co-operative Societies (Housing). SH.1/14, Dasspuram, Chetpet, Chennai - 600 031 is suo motu impleaded as 4th respondent.

6. In view of the above, the petitioner is directed to send fresh representation to the 4th respondent. On receipt of the such representation from the petitioner, the 4th respondent is directed to consider the representation of the petitioner and pass orders on merits and in accordance with law, within a period of four (4) weeks thereafter.

7.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar rst To:

1.The Registrar of Co-operative Societies (Housing), No.900/38, Rethedren Road, Vepery, Chennai-7.

2.The Deputy Registrar of Co-operative Societies (Housing), No.18, Ramanathan Street, T.Nagar, Chennai -17.

3.The Sub-Registrar of Co-operative Societies (Housing), No.18, Ramanathan Street, T.Nagar, Chennai -17.

4.The Joint Registrar of Co-operative Societies (Housing) SH.1/14, Dasspuram, Chetpet, Chennai - 31.

+1cc to Mr.G.Mutharasu, Advocate SR.No.10115 W.P.No.2447 of 2021 KG(CO) GMY(29/04/2022)