M.S.S.Nambi, v. The Registrar Of Co-Operative
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4642 of 2017 M.S.S. Nambi, Assistant Executive Engineer P.W.D (Retd.,) No.43, State Bank Officer's Colony, Maharaja Nagar, Tirunelveli - 627 011.
..Petitioner Vs.
1. The Registrar of Co-operative Societies (Housing), Chennai - 600 020.
2. The Deputy Registrar (Housing), Virudhunagar.
3. The Special Officer/President, MDA. HSG.45, Tamil Nadu Government Officials Co-operative House Site Society Ltd., Karaikudi.
4. Mr.K.Subramanian, Sub Jail Warden, 10, Upstairs, Subramaniyapuram, North Karaikudi Town, Karaikudi Taluk, Sivagangai District.
.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 21.02.2017 in the light of the order passed by the first respondent through his order, dated 24.10.2016 and also direct the second respondent to cancel the re-allotment order made to the fourth respondent with regard to the registration of plot No.A15 situated in N.G.O.Colony, Kalanivasal, Karaikudi and also direct the second respondent to register the above plot No.A15 to the petitioner.
For Petitioner : Mr. S. Arivalagan For Respondents : Mr.C. Selvaraj, Special Government Pleader for R1 to R3 ***
O R D E R
This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 21.02.2017 in the
light of the order passed by the first respondent through his order, dated 24.10.2016 and also direct the second respondent to cancel the re-allotment order made to the fourth respondent with regard to the registration of plot No.A15 situated in N.G.O.Colony, Kalanivasal, Karaikudi and also direct the second respondent to register the above plot No.A15 to the petitioner.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.
4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 21.02.2017 in the light of the order passed by the first respondent, dated 24.10.2016.
5. Considering the limited scope of the request of the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The second respondent is directed to consider the representation of the petitioner, dated 21.02.2017, and pass appropriate orders on merits and in accordance with law in the light of the order passed by the first respondent in Na.Ka.No.4900/2016/rg1, dated 24.10.2016, within a period of eight weeks from the date of receipt of a copy of this order."
6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To
1. The Registrar of Co-operative Societies (Housing), Chennai - 600 020.
2. The Deputy Registrar (Housing), Virudhunagar.
3. The Special Officer/President, MDA. HSG.45 Tamil Nadu Government Officials Co-operative House Site Society Ltd., +1 CC to Mr.S.Arivalagan, Advocate, SR No. 15767/17 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 16180/17. PMU PSM/SV-MMS/SAR3/04.04.2017/3P/6C ORDER MADE IN W.P.(MD).No.4642 of 2017 20.03.2017