Madras High CourtWP/30085/2015disposed of

M.Mangalasamy, v. The Registrar Of

2015-09-23Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.09.2015

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.30085 OF 2015 M.Mangalasamy [ PETITIONER ] Vs 1 The Registrar of Coop. Societies (Housing) Nandanam, Chennai- 35.

2 The President NN-11 Paramakudi Coop. Building Society Ltd.

Paramakudi, Ramnad District.

[ RESPONDENTS ] Writ petition is filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the first respondent to dispose the Statuary Revision filed U/s.153 of Tamilnadu Coop. Societies Act 1983 by the petitioner on 27.04.2015 within a stipulated time fixed by this Court.

For Petitioner : Mr.C.Prakasam For Respondents: Mrs.T.P.Savitha (Co.op) Govt. Advocate

O R D E R

With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner is a borrower from the second respondent to the tune of Rs.3,00,000/-, by way of housing loan and according to him, he repaid to the tune of Rs.4,00,000/-. However, a communication was issued to the petitioner by the second respondent, calling upon the petitioner to pay a sum of Rs.6,90,592/-. Therefore, the petitioner sought for break-up details of the amount sought to be recovered from him. On 20.03.2015, again the second respondent demanded a sum of Rs.7,50,595/-, and as against which the petitioner preferred a statutory revision as provided under section 153 of the Tamil Nadu Co-operative Societies Act, 1983 before the first respondent on 27.04.2015. Till date the said revision has not been disposed of. Hence, the petitioner has approached this Court.

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3. Heard Ms.Hemalatha, learned counsel representing Mr.C.Prakasam, learned counsel appearing for the petitioner and Mrs.T.P.Savitha, learned Government Advocate appearing for the respondents.

4. It is evident from the records that the petitioner has already filed a statutory revision before the first respondent on 27.04.2015, (received by the first respondent on 30.04.2015) and the same is pending before the first respondent. Therefore, the first respondent is directed to consider the statutory revision preferred by the petitioner dated 27.04.2015, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing any opinion on the merits of the statutory revision preferred by the petitioner.

The Writ Petition is disposed of accordingly. No costs. rpa Sd/- Assistant Registrar (Records) /True Copy/ Sub-Assistant Registrar To 1 The Registrar of Coop. Societies (Housing) Nandanam, Chennai- 35.

2 The President NN-11, Paramakudi Coop. Building Society Ltd. Paramakudi, Ramnad District.

+1 C.C. To MR.C.PRAKASAM, Advocate vide SR.NO.52512 +1 C.C. To Government Pleader, vide SR.NO.52210 W.P.No.30085 OF 2015 GS(CO) sd : 07/10/2015 https://hcservices.ecourts.gov.in/hcservices/