B.Pechiammal v. The Registrar Of Cooperative
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.(MD)No.12598 of 2012 and M.P.(MD)No.1 of 2012 B.Pechiammal ... Petitioner Vs.
1.The Registrar of Co-operative Society (Housing), Tamil Nadu Housing Board Building, 2nd Floor, Annexure,493, Anna Salai, Nandanam, Chennai-600 035.
2.The Deputy Registrar (Housing), 10-A7, Singam Buildings, Trivandrum High Road, Tirunelveli-627 002.
3.The Secretary (in-charge), O 309, Tuticorin Melur-Co-operative Housing Society, 198 A, Puthugramam,Tuticorin-3.
... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus forbearing the third respondent herein from bringing the property situated in Survey No.304 in Kumaragiri Village, Tuticorin Taluk and District having an extent of 1505 sq.ft under auction and also not to take any coercive steps in recovering the dues payable by the petitioner in any manner except by due process of law, pursuant to the representation dated 01.09.2012.
For Petitioner : Mr.S.J.Chakravarthy for Mr.T.Muruganantham For Respondents : Mr.K.MU.Muthu Additional Government Pleader
ORDER
Mr.S.J.Chakravarthy representing Mr.T.Muruganantham learned Counsel on record for writ petitioner and Mr.K.MU.Muthu, learned Additional Government Pleader on behalf of all the three respondents are before this Court.
2. With the consent of learned Counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
3. Considering the nature of submission made by learned State Counsel, it is not necessary to go into or dilate on facts, because learned State Counsel submits that the same writ petitioner has filed another writ petition through the same Counsel with regard to the same issue with the same prayer. The other writ petition is W.P.(MD)No.12601 of 2012 and the same came to be dismissed by a Honourable Single Judge of this Court on 21.07.2014. The order dated 21.07.2014 in the aforesaid W.P.(MD)No.12601 of 2012(as placed before this Court by learned State Counsel) is as follows: 1/4
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This Court has no hesitation in holding that such a practice deserves to be deprecated.
4. In the light of narrative thus far, instant Writ Petition is dismissed. Though this is a fit case for imposing costs, considering the nature of the matter and in the light of the fervent 3/4
plea made by the learned Counsel for writ petitioner, this Court refrains itself from imposing costs. Consequently, connected Miscellaneous Petition is also dismissed.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) SSL ENCL: XEROX COPY OF SCANNED IMAGE To 1.The Registrar of Co-operative Society (Housing), Tamil Nadu Housing Board Building, 2nd Floor, Annexure, 493, Anna Salai, Nandanam, Chennai-600 035.
2.The Deputy Registrar (Housing), 10-A7, Singam Buildings, Trivandrum High Road, Tirunelveli-627 002.
+1CC To M/S. T.Muruganantham, Advocate, Sr.No.10766 +1cc to Spl.Govt. Pleader, Sr.No.102388 W.P.(MD)No.12598 of 2012 27.11.2019 SMA/11/12/19/4P/5C 4/4