← Library
Madras High CourtWP(MD)/15543/2020disposed of

Veeramani v. The Regional Deputy Registrar(Housing)

2020-11-06Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Veeramani ... Petitioner Vs 1.The Regional Deputy Registrar (Housing), Office of the Regional Deputy Registrar (Housing), No.13/107, Ramalinga Adigalar Arakkattalai, Daniel Thomas Nagar, Thanjavur.

2.The Sub Registrar of Co-operative Societies (Housing), Office of the Sub Registrar of Co-operative Societies (Housing), No.13/107, Ramalinga Adigalar Arakkattalai, Daniel Thomas Nagar, Thanjavur.

3.Arignar Anna Co-operative Housing Society, Limited No.1632, Kumbakonam Represented by its President, No.50/44A, Lal Bahadhur Sasthiri Road, Kumbakonam Town, Thanjavur.

4.Arignar Anna Co-operative Housing Society, Limited No.1632, Kumbakonam Represented by its Secretary, No.50/44A, Lal Bahadhur Sasthiri Road, Kumbakonam Town, Thanjavur.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's petition dated 21.09.2020, same as acknowledged on 25.09.2020, under Section 90 of the Tamil Nadu Cooperative Societies Act, to number and enquire the same within the stipulated period as fixed by this Court.

For Petitioner : Mr.S.Sankar For Respondents : Mr.A.Muthu Karuppan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider the petitioner's petition dated 21.09.2020, filed under Section 90 of the Tamil Nadu Co-operative Societies Act and also to number and enquire the same within a time frame to be fixed by this Court. 1/3

2. Mr.A.Muthu Karuppan, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard Mr.S.Sankar learned counsel appearing for the petitioner and Mr.A.Muthu Karuppan, learned Additional Government Pleader appearing for the respondents.

4. The writ petitioner herein has filed a petition under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, before the first respondent. His specific allegation is that he had paid the sale consideration for the purchase of a plot to the respondent Cooperative Society. But, according to him, the respondent Cooperative Society did not complete the project and failed to allot the plot to him. It is his case that that the project itself got dropped. The petitioner is seeking for refund of money paid by him to the respondent Cooperative Society. 5.No prejudice will be caused to the respondents, if a direction is given by this Court to the first respondent to dispose of the petition filed by the petitioner under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983 expeditiously. 6.The first respondent is, therefore, directed to number the petition filed by the petitioner and issue notice to the respondent Cooperative Society and pass final orders on merits in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, the Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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. 2/3

To 1.The Regional Deputy Registrar (Housing), Office of the Regional Deputy Registrar (Housing), No.13/107, Ramalinga Adigalar Arakkattalai, Daniel Thomas Nagar, Thanjavur.

2.The Sub Registrar of Co-operative Societies (Housing), Office of the Sub Registrar of Co-operative Societies (Housing), No.13/107, Ramalinga Adigalar Arakkattalai, Daniel Thomas Nagar, Thanjavur.

+1 CC to SPL GP ( SR-21599[F] dated 09/11/2020 ) 06.11.2020 VB (23.11.2020) 3P 4C 3/3