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Madras High CourtWP/25170/2015disposed of

Smt. R. Jayalakshmi, v. The Government Of Tamil

2015-08-14Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2015

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P. No. 25170 of 2015 Smt. R. Jayalakshmi ..Petitioner Vs.

1.

The Government of Tamil Nadu, rep. by its Secretary, Housing and Urban Development, Fort St. George, Secretariat, Chennai - 600 009.

2.

The Registrar, O/o. The Registrar of Co-operative Societies (Housing), Tamil Nadu Housing Board, Nandanam, Chennai.

The Co-operative Sub Registrar, O/o. The Co-operative Sub Registrar, Salem District.

Salem Fairland's Co-operative House Construction Society Ltd., No. S864, Fairland's, Salem - 636 016.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 4th respondent to consider the petitioner's representation dated 06.06.2015 and pass orders within a stipulated period of time in accordance with law. For Petitioner ::

Mr.A. Rajesh Khanna For Respondents ::

Mrs.T.P. Savitha Govt. Advocate (Co-op.) for R1 to R3 Mr.L.P.Shanmugasundaram Special Govt. Pleader for R4

O R D E R

This writ petition is filed for issue of a Writ of Mandamus directing the 4th respondent to consider the petitioner's representation dated 06.06.2015 and pass orders within a stipulated period of time in accordance with law.

2.

The petitioner availed housing loan to the tune of Rs.3,60,000/- during 2001-2002 from the 4th respondent Society. The petitioner has, so far, paid a sum of Rs.2,91,264/-. In May 2015, the 4th respondent issued a notice calling upon the petitioner to pay a sum of Rs. 11,59,522/- without taking into consideration the sum of Rs.2,91,264/- paid by the petitioner. According to the petitioner, if the said amount is deducted, the balance amount to be paid by the petitioner would be Rs.8,68,258/-, which the petitioner is ready to pay. In this regard, the petitioner has also given a representation on 06.06.2015 to the 4th respondent. Since the said representation is not yet disposed of, the petitioner has come before this Court. Heard the learned counsel on either side.

Though the learned counsel for the 4th respondent would submit that a sum of Rs.13,83,582/- has to be paid, the petitioner wants to settle the matter by one time settlement scheme, by paying a sum of Rs.8,68,258/- as per his representation dated 06.06.2015. In view of the limited relief sought in the writ petition, the respondents, especially, the 4th respondent is directed to consider the petitioner's representation dated 06.06.2015 and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The writ petiton is disposed of accordingly. No costs. Connected M.P. is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar nv To 1.

Housing and Urban Development, Fort St. George, Secretariat, Chennai - 600 009.

2.

The Registrar, O/o. The Registrar of Co-operative Societies (Housing), Tamil Nadu Housing Board, Nandanam, Chennai.

The Co-operative Sub Registrar, O/o. The Co-operative Sub Registrar, Salem District.

Salem Fairland's Co-operative House Construction Society Ltd., No. S864, Fairland's, Salem - 636 016.

1 cc to Mr.L.P.Shanmugasundaram , Advocate Sr.No.48188 1 cc to Mr.A. Rajesh Khanna , Advocate Sr.No.42999 W.P. No. 25170 of 2015 msm(co) pmk.4.9.2015