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Madras High CourtWP/9202/2019disposed of

N.Ganesan v. The Registrar Of Cooperative

2019-03-29Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.9202 of 2019 N.Ganesan ... Petitioner vs.

1.The Registrar of Cooperative Societies (Housing), Tamilnadu Housing Board Building, 48, Ritherton Road, Veppery, Chennai - 600 007.

2.The Deputy Registrar (Housing), Salem Region, Salem.

3.The Punjai Puliampatti Cooperative Building Society Ltd., AA 343, Punjai Puliampatti - 638 459, Erode District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to refund the matured fixed deposits invested by the petitioner in the 3rd respondent society, by considering his representation dated 24.09.2018.

For Petitioner : Mr.N.Manokaran For Respondents 1 & 2 : Ms.T.Girija Government Advocate

O R D E R

This writ petition has been filed to direct the respondents to refund the matured fixed deposits invested by the petitioner in the 3rd respondent society, by considering his representation dated 24.09.2018.

2. According to the petitioner, the petitioner has invested in the third respondent society as fixed deposit and the said fixed deposit has attained maturity. However, the said matured fixed deposit amount was not refunded to the petitioner, hence, he made a representation on 24.09.2018 and till date, no order has been passed. Hence, the petitioner has come out with the present petition.

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3. The learned Government Advocate submitted that even though the writ petition is not maintainable, in the light of the larger bench decision of this Court in K.Marappan's case reported in 2006(4) CTC 689, the respondents will consider the petitioner's representation dated 24.09.2018 and pass orders.

4. Considering the submissions made by both the counsel, without expressing any opinion and without going into merits of the case, this Court is inclined to direct the third respondent to consider the petitioner's representation dated 24.09.2018 and pass orders on merits and in accordance with law, as expeditiously as possible, preferably, within a period of four weeks, from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Registrar of Cooperative Societies (Housing), Tamilnadu Housing Board Building, 48, Ritherton Road, Veppery, Chennai - 600 007. 2.The Deputy Registrar (Housing), Salem Region, Salem.

3.The Punjai Puliampatti Cooperative Building Society Ltd., AA 343, Punjai Puliampatti - 638 459, Erode District.

+1 cc to Mr.N.Mankaran, Advocate, Sr.No. 30730 +1 cc to Mr.L.P.Shanmugasundaram, Advocate, Sr.No. 31420 +1 cc to The Government Pleader, Sr.No. 31056 W.P.No.9202 of 2019 CSL/16.05.2019 https://hcservices.ecourts.gov.in/hcservices/