Madras High CourtWP/8478/2015disposed of

B.Radhakrishnan v. The Secretary To The

2021-09-27Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2021

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.8478 OF 2015 AND M.P.NOS.1 AND 2 OF 2015 B.Radhakrishnan S/o.P.N.Balasubramanian .. Petitioner Vs

1. The Secretary to the Government, (Department of Housing), Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Registrar of Co-op. Societies (Housing), Government of Tamil Nadu, 493, Anna Salai, Chennai - 35.

Convener, Pricing Committee.

3. The Joint Secretary to Government of Tamil Nadu, Finance Department, Fort St.George, Chennai - 600 009.

Member of Pricing Committee.

4. The Deputy Secretary (Housing), Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

Member, Pricing Committee.

5. The South Madras Co-operative Societies, by its Secretary, Kumaran Coloney, Vadapalani, Chennai - 600 026.

.. Respondents PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to quash the proceedings of the first respondent to the second respondent vide letter No.1/secy (HUD) 2015, dated 21.01.2015.

For Petitioner :

Mr.K.Chairman Selvaraj For Respondents:

Mr.K.M.D.Muhilan Government Advocate [R1 to R4] Mr.R.Bala Ramesh [R5]

O R D E R

The communication issued by the 1st respondent to the 2nd respondent in proceedings dated 21.01.2015 is under challenge in the present writ petition.

2. The internal official correspondence is under challenge in the writ proceedings by the petitioner and the said letter impugned states that exchange of land is the matter to be decided by the Cooperative Housing Society concerned and decisions are to be taken through their General Body, by passing a resolution. Such a procedure contemplated under the Cooperative Societies Act need not be interfered by the Registrar of Cooperative Societies. Accordingly, the 1st respondent directed the Registrar of Cooperative Societies (Housing) to decide the issues in an appropriate manner.

3. Such an internal correspondence between the Government and the Registrar of Cooperative Societies (Housing) cannot provide a cause for the writ petitioner to file a writ petition. If any decision is taken by the Registrar of Cooperative Societies (Housing) and an order is passed, then the petitioner has to approach the competent authority for the purpose of redressal of the grievances. Thus, the petitioner is at liberty to initiate appropriate action, if any order is passed by the Registrar of Cooperative Societies (Housing).

4. Accordingly, the writ petition stands disposed of. No Costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rap/ars