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Madras High CourtWP/23161/2017dismissed as withdrawal

S.Jayandran v. The Registrar Of Cooperative

2020-10-14Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 23161 of 2017 and W.M.P. Nos. 24262 and 24263 of 2017 S.Jayandran .. Petitioner -vs1. The Registrar of Cooperative Societies (Housing) Chennai - 600 035.

2. The Arbitrator/Deputy Registrar of Cooperative Societies (Housing) Chennai Region Chennai.

3. The President Burma Indians Cooperative House Construction Society (RE No. XXC 689) No. 87A Perambur High Road Perambur Chennai - 600 011.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records relating to the Order dt. 20.07.2017 in Rc. No. 5436/2016/SF1 confirming the order of the 2nd Respondent dated 20.07.2016 in ARC No.3/2014-15/K and quash the same and consequently, direct the 3rd Respondent herein to issue Sale Deed in favour of the Petitioner in respect of the property, viz., the Plot with house situate at old Door No. 35, New Door No. 102, Plot No. 122, Burma Colony, Rajiv Gandhi Salai, Perundurai, Chennai - 600 096 measuring an extent of 2,400 sq. ft.

For Petitioner :Mrs. S.R.Sumathy For Respondents:Mr. L.P.Shanmugasundaram (For R1 and R2) Special Government Pleader (Co-operative) Mr. B.Viveka Vanan (For R3) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(through video conference) Learned Counsel for the Petitioner has filed a memo dated 14.10.2020 through email, in which it has been stated as follows:- " It is hereby submitted that the Petitioner in the above Writ Petition may be permitted to withdraw the Writ Petition with liberty to work out his remedies before the appropriate forum. Hence, this Memo may be recorded and suitable orders may kindly be passed and thus render Justice."

2.

Accepting the aforesaid submissions made, the Writ Petition is dismissed as withdrawn clarifying that it would not preclude the the Petitioner from working out his rights before the proper forum in the manner recognized by law. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dm To

1. The Registrar of Cooperative Societies (Housing) Chennai - 600 035.

2. The Arbitrator/Deputy Registrar of Cooperative Societies (Housing) Chennai Region Chennai.

+1cc to The Special Government Pleader(co-op), sr no.34685 W.P. No. 23161 of 2017 AK(CO) RMP(03/12/2020) https://hcservices.ecourts.gov.in/hcservices/