Tamilnadu Urban Cooperative v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2017 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 22347 of 2009 and M.P. Nos. 2 & 3 of 2009 TamilNadu Urban Co-operative Housing Societies Employees Association (Registered) Represented by its Joint Secretary Mr.S.Rajendiran S/o.Late Semmalai Athigari 2nd Floor, "Sivaji Apartments"

Police Commissioner Road, Egmore Chennai 600 008.

... Petitioner Vs.

1. The Government of Tamil Nadu Represented by its Commissioner and Secretary to Government Food, Co-operation and Consumer Protection Department Secretariat, Chennai 600 009.

2. The Government of Tamil Nadu Represented by its Principal Secretary to Government Housing and Urban Development Secretariat, Chennai 600 009.

3. Registrar of Co-operative Societies (Housing) No.22, 4th Main Road, Gandhi Nagar, Adyar, Chennai 600 020.

4. The Inspector General (Registration) No.100, Santhome High Road Pattinapakkam, Chennai 600 020.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records for proceedings in Rc.No.6700/2009/C4 dated 08.10.2009 on the file of the 3rd Respondent and quash the same.

For Petitioner : M/s.S.Hemalatha For Respondents : Mr.V.Selvaraj Additional Government Pleader For R1 to R4

O R D E R

This Writ Petition is filed challenging the proceedings in Rc.No.6700/2009/C4 dated 08.10.2009 issued by the 3rd Respondent and quash the same.

2. Today, when the matter was taken up for final disposal, the 3rd respondent filed counter affidavit, wherein it is stated that the Government has passed orders in G.O.(D) No.16 Housing and Urban Development (HCS) Department dated 11.01.2010, permitting the Housing Co-operative Societies, to undertake consignment schemes, with the prior approval of the Government. Further, the Government has also permitted to sell 3788 plots in the unapproved lay out, undertaken by the Housing Co-operative Societies, under consignment schemes, on condition that the Registrar of Co-operative Societies (Housing) should ensure that the sale deeds for such plots are issued after the lay out for the plots is duly approved by competent authority.

3. In the light of the above stated Government order, the challenge in this writ petition, to quash the proceedings in RC.6700/2009/C4 dated 08.10.2009, banning the Housing Societies to undertake the consignment schemes, has become infructuous.

4. The learned counsel for the petitioner also submitted that, based on the above G.O.(D) No.16 Housing and Urban Development (HCS) Department dated 11.01.2010, the Writ Petition has become infructuous and hence the same may be dismissed as infructuous.

5. Therefore, the writ petition is dismissed as infructuous. No Costs. Consequently connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar avr/raja

To

1. The Commissioner and Secretary Government of Tamil Nadu, Food, Co-operation and Consumer Protection Department Secretariat, Chennai 600 009.

2. The Principal Secretary Government of Tamil Nadu, Housing and Urban Development Secretariat, Chennai 600 009.

3. The Registrar of Co-operative Societies (Housing) No.22, 4th Main Road, Gandhi Nagar, Adyar, Chennai 600 020.

4. The Inspector General (Registration) No.100, Santhome High Road Pattinapakkam, Chennai 600 020.

+1cc to the Government Pleader, S.R.No.66453 W.P. No. 22347 of 2009 and M.P. Nos. 2 & 3 of 2009 VGII(CO) GN(09/10/2017)