Suyambu v. The Registrar (Housing)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.26571 of 2024 Suyambu ....
Petitioner Vs 1.The Registrar (Housing), Co-operative Societies, Chennai Region, Chennai - 600 010.
2.The Deputy Registrar (Housing), Co-operative Societies, Chennai Region, Chennai - 600 010.
3.The President, The Madras Journalists Co-operative Housing Society, Journalists Colony, Srinivasapuram, Chennai - 600 041.
(Now it is represented by Administrator cum Special Officer) ....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to conduct proper enquiry and with respect to misappropriation of sum of Rs.86 Lakhs which was received from the 1/4
Indian Bank in the month of August 1995 on enquiry, if prima facie found about the misappropriation of fund by the office bearers and remove the respective office bearers from eligible voter list and also take appropriate action including criminal action against the respective office bearers by considering petitioner representation dated 28.06.2023 and the proceedings of the first respondent in Na.Ka.No.1574/2022/E2, dated 19.09.2023 and also petitioner reminder dated 28.10.2023. For Petitioner : Mr.V.Neethidurai For R1 & R2 : Mr.M.Murali Government Advocate For R3 : Mr.R.P.Murugan Raja Government Advocate
ORDER
This Writ Petition has been filed for a direction, directing the second respondent to conduct proper enquiry with respect to misappropriation of sum of Rs.86 Lakhs, which was received from the Indian Bank in the month of August 1995 and on enquiry, if prima facie found about the misappropriation of fund by the office bearers and remove the respective office bearers from eligible voter list and also take appropriate action including criminal action against the respective office bearers by considering the petitioner's representation dated 28.06.2023 and the proceedings of the first respondent in Na.Ka.No.1574/2022/E2, dated 19.09.2023 and also the petitioner's reminder dated 28.10.2023. 2/4
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. It is seen that the petitioner is a member of the third respondent Society and lodged a complaint as against the third respondent, alleging that the President of the third respondent Society misappropriated huge money of the Society. The said complaint was forwarded to the second respondent for enquiry. However, the second respondent did not conduct any enquiry so far.
4. In view of the above, without expressing any opinion on the merits of the writ petition, the second respondent is directed to conduct enquiry, after issuance of notice to the petitioner and the third respondent, and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. No costs.
11.09.2024 Internet : Yes/No Index:Yes/No Speaking/Non-speaking order Lpp 3/4
G.K.ILANTHIRAIYAN, J.
Lpp To 1.The Registrar (Housing), Co-operative Societies, Chennai Region, Chennai - 600 010.
2.The Deputy Registrar (Housing), Co-operative Societies, Chennai Region, Chennai - 600 010.
3.The Administrator cum Special Officer The Madras Journalists Co-operative Housing Society, Journalists Colony, Srinivasapuram, Chennai - 600 041.
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