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Madras High CourtWP(MD)/19026/2022disposed of

Senthil Ramasamy.A v. The Deputy Registrar Of Co-Operative Society (Housing)

2022-08-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Senthil Ramasamy ... Petitioner Vs.

1.The Deputy Registrar of Co-operative Society (Housing), 16/1, Sammathu School Street, Khaja Nagar, Mannarpuram, Trichy.

2.The Secretary, R.786, Tiruchirappalli Co-Operative House Construction Society Ltd., (Makkal Mandram), Thillainagar, Trichy.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direct the respondents to register the sale deed with regard to housing plot No.25 measuring 2400 sq.ft. in Varaganeri New housing scheme, Trichy in favour of petitioner on the basis of petitioner's representation dated 23.03.2022 and complete the same within the reasonable time fixed by this Court.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.P.Thilakkumar, Government Pleader.

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ORDER

Heard the learned counsel on either side.

2.The petitioner was allotted housing plot and she has also remitted the entire sale consideration. But some allegations have been made with regard to the plot allotment and an enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 is pending. 3.My attention is drawn to an order dated 13.07.2022 made in W.P.(MD)No.14729 of 2022 involving similar circumstances. In the said case, the following directions was passed:-

6. In view of the above said discussion, this Court is inclined to pass the following order:

"(i) The enquiry initiated under Section 81 of the Tamil Nadu Co-Operative Societies Act, 1983 shall be completed on or before 31.10.2022. Till such time, the second respondent need not execute any sale deed in favour of the petitioner.

(ii) In case, the enquiry could not be completed on or before 31.10.2022, the second respondent shall execute a sale 2/4

deed in favour of the petitioner with a recital that the sale is subject to the result of Section 81 enquiry". 4.This writ petition is also disposed of on the same lines. No costs. 22.08.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Deputy Registrar of Co-operative Society (Housing), 16/1, Sammathu School Street, Khaja Nagar, Mannarpuram, Trichy.

2.The Secretary, R.786, Tiruchirappalli Co-Operative House Construction Society Ltd., (Makkal Mandram), Thillainagar, Trichy.

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G.R.SWAMINATHAN, J.

ias 22.08.2022 4/4