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Madras High CourtWP(MD)/7851/2018disposed of

B.Hariharan v. The Registrar Of Co-Operative

2018-04-11Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.7851 of 2018 B.Hariharan ... Petitioner Vs.

1.The Registrar of Co-operative Societies (Housing), O/o.Tamil Nadu Co-operative Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai-600 007.

2.The Regional Deputy Registrar of Co-operative Societies (Housing), No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur-613 007.

3.The President, The Kumbakonam Town Co-operative House Building Society Limited, Z-127, No.78, Bakthapuri Street, Kumbakonam.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 19.03.2018, and to execute the sale deed by the third respondent pertaining to the Plot No.41, in Dr.M.G.R. Nagar, Muganthanur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District in favour of this petitioner.

For Petitioner : M/s.R.Divya Priya For R1 and R2 : Mr.N.Shanmuga Selvam, Additional Government Pleader.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The learned counsel appearing for the petitioner submits that the property bearing site No.41 in Muganthanur Village, Annal Agraharam Panchayat, Kumbakonam Taluk, Thanjavur District was allotted in favour of the petitioner on 15.10.2016 and the petitioner had paid a sum of Rs.1,00,000/- (Rupees One Lakh Only) as advance out of the total site cost of Rs.2,10,000/- (Rupees Two Lakhs and Ten Thousand Only). Subsequently, by receipt dated 08.02.2017, the balance amount of Rs.1,10,000/- (Rupees One Lakh Ten Thousand Only) was also paid. In spite of the same, the second respondent herein had not executed the sale deed in his favour. In https://hcservices.ecourts.gov.in/hcservices/

this connection, the petitioner has also given a representation dated 19.03.2018 to the respondents seeking for registration of the sale deed in his favour and since the representation has not been considered till date, the present writ petition has been filed. 3.The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that if specific directions are given to consider the representation, then the same would be complied after ascertaining as to whether any further dues are pending from the petitioner herein.

4.It is needless to point out whenever a representation of this nature is made, the respondents are duty bound to pass appropriate orders and taking action instead of keeping representation pending indefinitely.

5.In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's representation dated 19.03.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Registrar of Co-operative Societies (Housing), O/o.Tamil Nadu Co-operative Housing Federation, No.40, Ritherdon Salai, Veppery, Chennai-600 007.

2.The Regional Deputy Registrar of Co-operative Societies (Housing), No.13/107, Ramalinga Adigalar Arakkattalai Building, Daniel Thomas Nagar, Thanjavur-613 007.

+1cc to Mr.M.Aravind Subramanian, Advocate, SR.No.60970 Myr RL/4C/2P/KK/SAR1/25/4/2018 W.P.(MD)No.7851 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 11.04.2018