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Madras High CourtWP/20039/2023disposed of

P.Selvi v. The Registrar (Housing)

2023-07-10Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.20039 of 2023 P.Selvi

...Petitioner

Vs.

The Registrar (Housing) Office of the Registrar of Co-operative Societies (Housing) Tamil Nadu Co-operative Housing Joint Complex II Floor No.48, Ritherton Road Vepery Chennai 600 007.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent herein to pass final orders on the appeal preferred by the petitioner on 27.10.2022 against the order dated 06.10.2022 in the proceedings in Na.Ka.823/2021 by the Dissolution Officer/Co-operative Sub Registrar, Chengalpet Division, Chengalpet.

For Petitioner : Dr.S.S.Swaminathan For Respondent : Mr.P.Ananda Kumar Government Advocate 1/4

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondent herein to pass final orders on the appeal preferred by the petitioner on 27.101.2022 against the order dated 06.10.2022 in the proceedings in Na.Ka.823/2021 on the file of the Dissolution Officer/Cooperative Sub-Registrar, Chengalpet Division, Chengalpet.

2. According to the petitioner, her husband was a Member in the Ambattur Government Servants Co-operative Building Society Limited bearing Registration No.G-252. The petitioner was allotted a plot No.144 measuring about 1800 sq.ft., comprised in Survey Nos.187/3 & 187/4 in 21st Century Nagar, Veppampattu Village by the Special Officer, the Ambattur Government Servants Co-operative Society. The said Society executed sale agreement for the said plot on 15.12.1995 in favour of the petitioner. However, till date, the petitioner has not received any communication regarding registration of the sale deed from the above said Society. In this regard, the petitioner's husband sent a letter dated 10.02.2021 to the Deputy Registrar (Housing) Chengalpet Division and to the respondent on 12.04.2021. 2/4

3. Subsequently, the petitioner had received an order from Dissolution Officer/Co-operative Sub-Registrar, Chengalpet Division, Chengalpet stating that the allotment made by the petitioner was lapsed and it is open to the petitioner to purchase again. Challenging the said order, the petitioner preferred an appeal to the respondent herein on 27.10.2022 and the same has not been considered.

4. Mr.P.Ananda Kumar, learned Government Advocate take notice for the respondent.

5. In view of the limited prayer made in this Writ Petition, without expressing any opinion on the merits of the case, this Court is inclined to issue a direction to the respondent to enquire the appeal preferred by the petitioner on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order. 3/4

S.SOUNTHAR , J.

dna

6. With the above direction, this Writ Petition is disposed of. No costs.

10.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To The Registrar (Housing) Office of the Registrar of Co-operative Societies (Housing) Tamil Nadu Co-operative Housing Joint Complex II Floor No.48, Ritherton Road Vepery Chennai 600 007.

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