R.Purushothaman, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.05.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN, J. W.P.No.17875 of 2016 & W.M.P.No.15567 and 15568 of 2016 R.Purushothaman ...

Petitioner vs.

1.The Principal Secretary to Government Housing and Urban Development Department Fort St. George Chennai - 600 009 2.The Registrar of Co-Operative Societies (Housing) Tamil Nadu Housing Board Nandanam, Anna Salai Chennai - 600 035 3.The Regional Deputy Registrar of Co-Operative Societies (Housing) No.13/107, Ramalinga Adigalar Arakkattalai Building Daniel Thomas Nagar Tanjore-7 4.A.Needhimohan The Regional Deputy Registrar of Co-Operative Societies(Housing) No.13/107, Ramalinga Adigalar Arakkattalai Building Daniel Thomas Nagar Tanjore-7 5.The President Kumbakonam Town Co-Operative House Building Society Ltd., Z-127 No.78, Bakthapuri Street, Kumbakonam Tanjore District .. Respondents Writ Petition filed under Article 226 of Indian Constitution praying to issue a Writ of Mandamus directing the 2nd respondent to enquire the issues relating to the 5th respondent society by

appointing enquiry office to enquire with sale deed executed in the Special Officer Regime and purchase of two plots by the 4th respondent in the capacity of 3rd respondent in the name of the 4th respondent wife's sister's name at lesser rate than the guideline value on the basis of written representation dated 23.04.2016.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.R.Bala Ramesh Additional Government Pleader

O R D E R

By consent the writ petition itself is taken up for final disposal.

2. The petitioner was working as a Secretary in the Kumbakonam Town Cooperative House Building Society Ltd., Kumbakonam. In the year 2012, Board of Directors were elected and they passed a resolution authorizing the petitioner to execute sale deeds in favour of the members of the Society and sell plots to them. Meanwhile, first and second respondents sent a representation to the higher officials stating that the plots were sold out for a lesser rate than the guideline value. Hence, the second respondent directed the third respondent to conduct enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act. In turn, the third respondent directed the fifth respondent to suspend the petitioner from service. Hence, the petitioner was suspended from service on 26.04.2016 for a period of three months. Now the petitioner has come forward with this writ petition seeking a direction to the second respondent to enquire into the issue relating to purchase of plots by the 4th respondent in the name of his relatives.

3. Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.R.Bala Ramesh, learned Additional Government Pleaders representing the respondents.

4. Considering the submissions made on either side, this Court, without going into the merits the case, directs the second respondent to conduct enquiry on the basis of the representation dated 23.04.2016 and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar gpa To 1.The Principal Secretary to Government Housing and Urban Development Department Fort St. George Chennai - 600 009 2.The Registrar of Co-Operative Societies (Housing) Tamil Nadu Housing Board Nandanam, Anna Salai Chennai - 600 035 3.The Regional Deputy Registrar of Co-Operative Societies (Housing) No.13/107, Ramalinga Adigalar Arakkattalai Building Daniel Thomas Nagar Tanjore-7 4.The President Kumbakonam Town Co-Operative House Building Society Ltd., Z-127 No.78, Bakthapuri Street, Kumbakonam Tanjore District + 1 cc to Mr.C. Prakasam, Advocate Sr.28312 W.P.No.17875 of 2016 PA(CO) Eu 13.5.16