A.Francis v. Registrar Of Co-Operative Societies (Housing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P.No.45461 of 2025 A.Francis S/o.A.Michael, No.1/604, Vallalar Nagar East, Amman Nagar, Veerapandi Post, Tiruppur-641 605.

.. Petitioner vs

1. Registrar of Co-operative Societies (Housing) No.48, Ritherdon Road, Veperi, Chennai-600 007.

2.The Registrar of Co-operative Societies (Housing) Tiruppur Rang-1, Tiruppur-641 601.

3.The Secretary Tiruppur Co-operative Housing Societies Association Ltd, Jemini Press Building, No.138-A, Kumaran Road, Tiruppur -641 601.

.. Respondents Page Nos.1/4

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to consider the petitioner's representation dated 22.7.2025 and consequentially, direct the respondents to extend a One Time settlement (OTS)proposal to the petitioner within a time frame. For Petitioner :

Mr.Abdul Mubeen for Mr.J.Brezhnhev For Respondents :

Mr.K.Tamilvendan Government Advocate

O R D E R

The petitioner has come forward with the writ of mandamus seeking one time settlement (OTS).

2. When the matter was taken up for hearing, Mr.K.Tamilvendan, learned Government Advocate appearing for Cooperative Societies submitted that the loan disbursed to the petitioner is out of the funds of the third respondent Society and not paid by the Federation. Hence, he urges that the circular issued in G.O.Ms.No.40, Housing and Urban Development (Vi.Ku.Sa.1) Department dated 16.03.2015 is inapplicable. He relies upon the order of this Court dated 18.08.2023 in W.P.No.23216 Page Nos.2/4

of 2023. In the said order, my Brother Hon'ble Mr.Justice S.Sounthar has held that only in case of loans paid by the Primary Societies are from and out of the funds provided by the Federation, the debtor is entitled to OTS. In case, loans have been advanced by the Primary Societies from and out of their own funds, he has held that OTS is inapplicable.

3. In the light of the above order, I do not find any reason to entertain the writ petition and the same is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

03.11.2025 Speaking order/non-speaking order Index : Yes/no mk To 1.Registrar of Co-operative Societies (housing No.48, Ritherdon Road, Veperi, Chennai-600 007.

2.The Registrar of Co-operative Societies (housing) Tiruppur Rang-1, Tiruppur-641 601.

3.The Secretary Tiruppur Co-operative Housing Societies Association Ltd, Jemini Press Building, Page Nos.3/4

No.138-A, Kumaran Road, Tiruppur -641 601.

V. LAKSHMINARAYANAN, J.

mk 03.11.2025 Page Nos.4/4