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Madras High CourtWP/12410/2019disposed of

D.Thiyagarajan (M.No.114) v. The Commissioner Of Handlooms And Textiles

2022-06-13Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.NO.12410 OF 2019

1. D.Thiyagarajan (M.No.114)

2. M.Somasundaram (M.No.249)

3. R.Kanniappan (M.No.250)

4. D.Thangavel (M.No.133)

5. L.Karthikeyan (M.No.349)

6. N.Gunasekaran(M.No.298)

7. S.Jayabalan(M.No.544)

8. A.Sridhar(M.No.540)

9. P.Mani(M.No.321)

10. K.Alalasundaram(M.No.324)

11. K.P.Murugappan (M.No.353)

12. K.Kanniappan (M.No.286)

13. P.Kuppan (M.No.393)

14. K.Vedhagiri (M.No.597)

15. S.Karthikeyan (M.No.318)

16. M.Thirunavukkarasu (M.No.338)

17. P.Panchatcharam (M.No.110)

18. R.Vedhanayaki (M.No.185)

19. A.Sukumar (M.No.508)

20. P.Parimalam (M.No.380) ... Petitioners Vs.

1. The Commissioner of Handlooms & Textiles, Kuralagam, Chennai - 600 108.

2. The Assistant Director Handlooms & Textiles, Thiruvannamalai.

3. Keelkodungalur Cotton-Cum-Silk Handloom, Weavers Co-operative Production and Society Limited - C.1374, Represented by its President, No.C-1374, Keelkodungalore Post, Vandavasi Taluk, Thiruvannamalai District - 604 403. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondents herein more particularly the first and second respondents to approve the resolution passed by the third respondent co-operative society dated 30.01.2019 and accordingly grant approval for the sub division of the property comprised in Survey Nos. 157/2, 158/3, 159, 160 and 180/3 of Keelkodungayur Village, Thiruvannamalai District, Vandavasi Taluk totally measuring an extent of 8.95 acres into house sites for the purpose of construction of dwelling houses for members of the third respondent society including the petitioners herein. For Petitioner : M/s.S.Suneetha For Respondents For R1 & R2 : Mrs.C.Meera Arumugam Additional Government Pleader

ORDER

The petitioners have filed this writ petition for the issuance of a writ of mandamus to direct therespondents herein more particularly the first and second respondents to approve the resolution passed by the third respondent co-operative society dated 30.01.2019 and accordingly grant approval for the sub division of the property comprised in Survey Nos. 157/2, 158/3, 159, 160 and 180/3 of Keelkodungayur Village, Thiruvannamalai District, Vandavasi Taluk totally measuring an extent of 8.95 acres into house sites for the purpose of construction of dwelling houses for members of the third respondent society including the petitioners herein.

2. In this writ petition the second respondent has filed a detailed counter, wherein it is admitted that it is the members of the society who contributed for the purchase of 8.95 acres of land and that of 200 members about 87 members have withdrawn and taken back their money. The remaining 113 members of the society are entitled for a sub-division of the property towards house sites.

3. It is further submitted that as and when the full fledged proposals is received from the third respondent appropriate orders will be passed based on the full fledged proposals.

4. In view of the above, I am inclined to dispose this writ petition by giving liberty to the petitioners to approach the third respondent society to send a full fledged report with the

official respondents to pass appropriate orders for giving the approval for the sub-division of the property towards house sites. The first and second respondent is directed to act on the receipt of full fledged proposals of the petitioners within a period of six weeks from the date of receipt of a copy of its receipt. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar rgm To

1. The Commissioner of Handlooms & Textiles, Kuralagam, Chennai - 600 108.

2. The Assistant Director Handlooms & Textiles, Thiruvannamalai.

3. Keelkodungalur Cotton-Cum-Silk Handloom, Weavers Co-operative Production and Society Limited - C.1374, Represented by its President, No.C-1374, Keelkodungalore Post, Vandavasi Taluk, Thiruvannamalai District - 604 403.

+1cc to M/s.Dakshayani Reddy, Advocate, S.R.No.34786 +1cc to the Government Pleader, S.R.No.35526 W.P.No.12410 of 2019 PL(CO) RLP(27/06/2022)