S.Palanivel, v. The Secretary To Government,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2016 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.2262 of 2016 S.PALANIVEL .. Petitioner Vs.
1. THE SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT (HCS) DEPARTMENT, SECRETARIAT, CHENNAI 600 009.
2. THE REGISTRAR OF COOPERATIVE SOCIETIES (HOUSING), TAMIL NADU HOUSING BOARD COMPLEX, II FLOOR, ANNEXURE NO.493, ANNA SALAI, NANDANAM, CHENNAI 600 035.
3. THE ADDITIONAL REGISTRAR / MANAGING DIRECTOR, TAMILNADU COOOPERATIVE HOUSING FEDERATION, 48, RITHARDAN ROAD, VEPERI, CHENNAI 600 007.
4. THE PRESIDENT, A.1055, MADURAI URBAN COOPERATIVE BUILDING SOCIETY LTD., PLOT NO.32, ANNA NAGAR, MADURAI - 625 020.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to consider the petitioner's representation dated 07.12.2015 for the purpose of returning the original documents of the petitioner's property bearing Re-Survey No.99/5 situated at Vandiyoor Village, Madurai, within a specified time. For petitioner... Mr.George Paul Anto For R1 to R3 ... Mr.M.Murugan Government Advocate For R4 ... Mr.J.Gunaseelan Muthaiah Government Advocate
O R D E R
Mr.M.Murugan, learned Government Advocate, takes notice for the respondents 1 to 3. Mr.J.Gunaseelan Muthaiah, learned Government Advocate takes notice for the fourth respondent.
2. The petitioner seeks for a Mandamus directing the respondents to consider his representation, dated 07.12.2015 for
the purpose of returning the original documents of the petitioner's property bearing Re-Survey No.99/5 situated at Vandiyoor Village, Madurai, within a specified time. 3.It is stated in the affidavit that the petitioner is a member in A.1055, Madurai Urban Cooperative Building Ltd., Madurai; that he has received a housing loan of Rs.3,00,000/- from the fourth respondent Society and that he has mortgaged his housing plot situated at Vandiyoor Village, Madurai in Re-Survey No.99/5 in favour of the fourth respondent Society on 15.05.2000 vide document No.899, dated 16.05.2000 of the Sub-Registrar, Theppakulam, Madurai.
4. It is also stated that the petitioner has repaid the entire loan amount along with interest on 27.10.2014; that the Secretary of the fourth respondent Society has also issued a Certificate of loan clearance on 29.10.2014; that the mortgage was also discharged by them on 28.10.2014 vide document No.3571 of Theppakulam Sub-Registrar Office, Madurai. Therefore, the petitioner made several requests to the fourth respondent Society to return the parent documents of the petitioner's property. He was informed that the documents are kept in the third respondent Federation for safety measure. Thereafter, he made a written representation on 07.12.2015 to all the respondents to return back his property documents. But the same has not been considered by the respondents till date. Hence, the present writ petition. 5.
Considering the above stated facts and circumstances, I direct the respondents to consider the representation of the petitioner, dated 07.12.2015 in regard to return of the property documents and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To
1. THE SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT (HCS) DEPARTMENT, SECRETARIAT, CHENNAI 600 009.
2. THE REGISTRAR OF COOPERATIVE SOCIETIES (HOUSING), TAMIL NADU HOUSING BOARD COMPLEX, II FLOOR, ANNEXURE NO.493, ANNA SALAI, NANDANAM, CHENNAI 600 035.
3. THE ADDITIONAL REGISTRAR/ MANAGING DIRECTOR, TAMILNADU COOOPERATIVE HOUSING FEDERATION, 48, RITHARDAN ROAD, VEPERI, CHENNAI 600 007.
4. THE PRESIDENT, A.1055, MADURAI URBAN COOPERATIVE BUILDING SOCIETY LTD., PLOT NO.32, ANNA NAGAR, MADURAI - 625 020.
+1 CC to M/s.George Paul Anto, Advocate, SR No.6706 Writ Petition (MD) No.2262 of 2016 01.02.2016 rj2 SH/PM-MP:16.02.2016:3P/6C