← Library
Madras High CourtWP/29473/2024disposed of

T.V.Krishnamoorthy v. The Registrar Of Cooperative

2024-10-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.32121 and 32122 of 2024 T.V.Krishnamoorthy ... Petitioner -Vs1. The Registrar of Cooperative Society (Housing), Cooperative Housing Federation Campus, No.48, Ritherdon Road, Vepery, Chennai-600 007.

2. The Deputy Registrar (Housing), Chennai Region, 55, Medavakkam Tank Road, Kilpauk, Chennai- 600 010.

3. The President, Tamil Nadu Secretariat Staff Co- Operative Housing Societies Limited, (Regn.No.M.T.S/ SSC/ 179) Plot No.176.I Circular Road, Secretariat Colony, Okkiyam Thuraipakkam, Chennai- 600 097.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for records relating to impugned proceeding of the second respondent vide Na.Ka.1485/ 2023 /Sa pa 1 dated 22.01.2024 returning the petitioner's plaint and quash the

same as illegal and consequently direct the first respondent herein to number the Petitioner's plaint hear the dispute and pass order in accordance with law. For Petitioner : Mr.M.Venkadeshan For Respondents : Mr.M.Rajendran Additional Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the second respondent dated 22.01.2024, thereby rejected the application filed under Section 90 of the Tamil Nadu Co-operative Societies Act, on the ground that the second respondent is also one of the party under the application filed by the petitioner.

2. Heard both sides and perused the materials available on record.

3. It is seen from the records that the second respondent is only a formal party and he is competent to decide the application filed under Section 90 of the Tamil Nadu Co-operative Societies Act, in accordance with law.

4. In view of the above, the order passed by the second respondent cannot be sustained and is liable to be quashed. Accordingly, the impugned proceeding of the second respondent vide Na.Ka.1485/ 2023 /Sa pa 1 dated 22.01.2024, is

hereby quashed. The second respondent is directed to pass appropriate orders on merits and in accordance with law, after giving an opportunity of hearing to the petitioner as well as the third respondent herein, within a period of three months from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is allowed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs. 14.10.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The Registrar of Cooperative Society (Housing), Cooperative Housing Federation Campus, No.48, Ritherdon Road, Vepery, Chennai-600 007.

2. The Deputy Registrar (Housing), Chennai Region, 55, Medavakkam Tank Road, Kilpauk, Chennai- 600 010.

3. The President, Tamil Nadu Secretariat Staff Co- Operative Housing Societies Limited, (Regn.No.M.T.S/ SSC/ 179) Plot No.176.I Circular Road, Secretariat Colony, Okkiyam Thuraipakkam, Chennai- 600 097.

14.10.2024