G.Sambandam v. The Chairman/ Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.3130 of 2022 G.Sambandam .. Petitioner Vs.
1.The Chairman/ Managing Director, Chennai 600 007.
2.The Registrar of Co-operative Housing Societies, Tamil Nadu Housing Federation, 3.The Joint Registrar of Co-operative Housing Societies, No.48, Ritherdon Road, Vepery, Chennai 7.
4.The Deputy Registrar of Co-operative Housing Societies, 26-B, Alagesan Nagar, Chengalpattu Regional, 5.The General Manager, Vepery, Chennai 600 007.
6.The Collection Superintendent 7.The Circle Sub-Registrar, (Kancheepuram Housing),
8.The Sub-Registrar, (Housing Societies) Chengalpattu Office, .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1st respondent to sanction mortgage loan to the petitioner society based on its representation dated 27.08.2021.
For Petitioner : Mr.M.Selvam For Respondents : Mrs.S.Anitha (Special Government Pleader)
O R D E R
This Writ Petition is filed seeking a direction to the 1st respondent to sanction mortgage loan to the petitioner society based on its representation dated 27.08.2021. 2.By consent of the learned counsel appearing for the petitioner as well as Mrs.S.Anitha, learned Special Government Pleader, who takes notice for the respondents, this petition is taken up for final disposal at the admission stage itself. 3.The petitioner is a President and Secretary Incharge of Kanchipuram Co-operative Housing Society Ltd. According to the petitioner, the Society obtains mortgage loan from the 1st respondent and sanctioned the loan to its members. The Society is run in a profitable manner. The Society discharged mortgage loan, due to the 1st respondent by recovering deposits from its members, on 31.03.2016. The grievances of the petitioner is, from 01.04.
2016, the 1st respondent is not granting mortgage loan to the petitioner's Society even though the Society has furnished all the documents of title to the 1st respondent. Due to that, the Society is not able to sanction loan to its members. The petitioner Society has given representation dated 27.08.2021 to the respondents and inspite of repeated demands, the 1st respondent has not granted any mortgage loan to the petitioner. Hence, the petitioner has come out with the present Writ Petition.
4.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for
the respondents and perused the entire materials available on record.
5.Considering the materials on record and the contention of the learned counsel appearing for the petitioner that for the welfare of its members, the petitioner Society obtained loan from the 1st respondent and discharged entire loan on 31.03.2016 to the 1st respondent and the nature of relief, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 27.08.2021 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar gsa To 1.The Chairman/ Managing Director, Chennai 600 007.
2.The Registrar of Co-operative Housing Societies, Tamil Nadu Housing Federation, 3.The Joint Registrar of Co-operative Housing Societies, No.48, Ritherdon Road, Vepery, Chennai 7.
4.The Deputy Registrar of Co-operative Housing Societies, 26-B, Alagesan Nagar, Chengalpattu Regional, Chengalpattu.
5.The General Manager,
6.The Collection Superintendent 7.The Circle Sub-Registrar, (Kancheepuram Housing), 8.The Sub-Registrar, (Housing Societies) Chengalpattu Office, Chengalpattu.
+1cc to Mr.M.Selvam, Advocate SR.No.11282 +1cc to the Government Pleader SR.No.11620 W.P.No.3130 of 2022 KG(CO) GN(15/03/2022)