S.Kavitha v. The Registrar Of Co Operative Societies (Housing)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Kavitha ... Petitioner -vs1.The Registrar of Co-operative Societies (Housing), Office of Tamil Nadu Co-operative Societies Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai - 600 007.

2.The Regional Deputy Registrar (Housing), Office of the Regional Deputy Registrar (Housing), Daniel Thomas Nagar, Thanjavur - 613 007.

3.The Sub Registrar of Co-operative Societies (Housing), Office of the Sub Registrar of Co-operative Societies (Housing), Daniel Thomas Nagar, Thanjavur - 613 007.

4.The President, The Kumbakonam Town Co-operative Housing Building Societies Limited, No.Z-127, No.78, Bakthapuri Street, Kumbakonam - 612 007.

5.No.I Joint Sub Registrar, Kumbakonam District Registrar Office, Katchey Road, Kumbakonam - 612 001 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider petitioner's representation dated 16.03.2023 and to register the sale deed within a time frame to be stipulated by this Court.

For Petitioner : Mr.S.Bharathi For Respondents : Mr.R.Sureshkumar Additional Government Pleader

ORDER

This Writ Petition has been filed for a direction to the respondents to consider the petitioner's representation dated 16.03.2023 and to register the sale deed.

2. Heard both sides. With the consent of both sides, this Writ Petition is disposed of at the admission stage itself.

3.According to the petitioner, she applied for allotment of a plot in Annal Agraharam Village, Mugunthanallur, Kumbakonam. The respondent society

provisionally allotted Site No. 7 to her in the said village and she has paid the entire sale consideration on various dates. However, the sale deed has not been executed in her favour till date. Therefore, the petitioner submitted a representation on 16.03.2023 to the respondents, but no action has been taken so far. Hence, the petitioner has filed the present writ petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 16.03.2023, on its own merits and pass appropriate orders in accordance with law, after giving

due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of two weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 04.02.2025 Index : Yes / No smn2 To:- 1.The Registrar of Co-operative Societies (Housing), Office of Tamil Nadu Co-operative Societies Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai - 600 007.

2.The Regional Deputy Registrar (Housing), Office of the Regional Deputy Registrar (Housing), Daniel Thomas Nagar, Thanjavur - 613 007.

3.The Sub Registrar of Co-operative Societies (Housing), Office of the Sub Registrar of Co-operative Societies (Housing), Daniel Thomas Nagar, Thanjavur - 613 007.

4.The President, The Kumbakonam Town Co-operative Housing Building Societies Limited, No.Z-127, No.78, Bakthapuri Street, Kumbakonam - 612 007.

5.No.I Joint Sub Registrar, Kumbakonam District Registrar Office, Katchey Road, Kumbakonam - 612 001

VIVEK KUMAR SINGH , J.

smn2 04.02.2025