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Madras High CourtWP(MD)/12317/2021disposed of

Suruli Sikkayan.N v. The Registrar Of Cooperative Societies

2021-07-22Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Suruli Sikkayan

...Petitioner

Vs.

1.The Registrar of Co-operative Societies, No.170, N.V.Natarajan Maligai, Periyar EVR High Road, Kilpauk, Chennai-10.

2.The Joint Registrar of Co-operative Societies, Mannarpuram, Tiruchirappalli-20.

3.The Liquidation Officer, All India Radio Station Employees, Co-operative Housing Society, TRY(HG) 15, Office of the Zonal Deputy Registrar Office, Mannarpuram, Tiruchirappalli-20.

.... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to execute and register a sale deed relating with the house plot no.13, having an extent of 2700 sq.ft in Vanoli Nagar, situated in S.F.No.176/2 and 177 in No.71, Nagamangalam Village, Srirangam Taluk, Tiruchirappalli District, in the name of the petitioner after receiving the necessary fees and other cost, if any. For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of Mandamus, directing the third respondent to execute and register sale deed in favour of the petitioner with respect to the subject property.

2.The Case of the petitioner is that he is a retired Central Government Employee and he was working in All India Radio. The All India Radio Station Employees Housing Society had formed a housing layout and the petitioner was allotted a plot for an extent of 2700 sq. feet. It is stated that the petitioner had made the entire 1/3

payment towards the allotment. The further case of the petitioner is that the society went into liquidation and it is now under the Management of the third respondent.

3.The petitioner made a representation to the third respondent seeking for registration of the sale deed in his favour based on the earlier allotment made by the society. Since the same was not considered, the present writ petition has been filed before this Court, seeking for appropriate directions.

4.Heard Mr.R.Suriya Narayanan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the third respondent to consider the representation made by the petitioner, on 21.06.2021, on its own merits and in accordance with law and take a decision within a period of six weeks from the date of receipt of a copy of this order.

6.The petitioner is directed to make a fresh representation to the third respondent along with all relevant documents and also a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Registrar of Co-operative Societies, No.170, N.V.Natarajan Maligai, Periyar EVR High Road, Kilpauk, Chennai-10.

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2.The Joint Registrar of Co-operative Societies, Mannarpuram, Tiruchirappalli-20.

3.The Liquidation Officer, All India Radio Station Employees, Co-operative Housing Society, TRY(HG) 15, Office of the Zonal Deputy Registrar Office, Mannarpuram, Tiruchirappalli-20.

+1 CC to M/s.GP ( SR-23706[F] dated 23/07/2021 ) 22.07.2021 CM(CO) LR (02.08.2021) 3P 5C 3/3