Rajavel.A v. The Registrar Of Co-Operative Societies (Housing)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2022
CORAM:
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN 1.A.Rajavel 2.P.Selvaraj 3.D.Simmerson .. Petitioners Vs 1.The Registrar of Co-Operative Societies (Housing), No.22, 4th Main Road, Gandhi Nagar, Adayar, Chennai-20.
2.The Joint Registrar of Co-Operative Societies (Housing) (Inspection), No.10, A7, Singam Buildings, Trivandrum High Road, Tirunelveli Region, Tirunelveli.
3.The Deputy Registrar of Co-Operative Societies (Housing), No.10, A7, Singam Buildings, Trivandrum High Road, Tirunelveli Region, Tirunelveli-627 002.
4.The SPIC Employees' Co-Operative Housing Society Ltd., Reg.No.TNVHSG 6, Rep. by its Special Officer, Muthaiapuram, Thoothukudi.
5.The Sub-Registrar/ Liquidator of Co-Operative Society, Office of the Deputy Registrar (Housing), Tirunelveli-7.
6.V.Masudhu 7.T.Thangaraj 8.A.Andhonyraj 9.A.Mariapparaja 10.A.Maria Kavitha 11.Uma Maheswari 12.Muthu Krishnan .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 to 3 to take lawful action upon conducting an enquiry on the petitioner's representation dated 13.10.2021 in the matter of alienation of the shop site ad measuring a total extent of 1748 Sq.Ft. in Sy.No.33 part, Sankaraperi Village, Thoothukudi Taluk and District comprised in the DTCP approved layout (Ezhil Nagar) bearing 1/3
No.1244/1991 belonging to the SPIC Employees Co-operative Housing Society Limited by the 6th respondent incumbent in the office of the 5th respondent in favour of the respondents 8 and 9 vide registered sale deeds bearing Doc.Nos.905 and 906 of 2020 both dated 13.05.2020 and the consequential alienations and cancel them all and restore the property to the SPIC Housing Society within a time period that may be determined by this Court.
For Petitioners :
Mr.N.Dilip Kumar For Respondents :
Mr.S.Senthil Ayyanar Government Advocate for R1 to R5 :
Mr.S.M.Mohan Gandhi for R6 :
No appearance for R7, R8, R10, R11 & R12 :
Tapal returned - R9
O R D E R
Heard the learned counsel for the petitioners, the learned Government Advocate for the official respondents and the learned counsel for the sixth respondent.
2.
The petitioner alleged that the petition mentioned irregularities have taken place. Since no action was taken, this writ petition came to be filed.
3. When the matter was taken up for final disposal, the learned Government Advocate for the official respondents submitted that enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 was conducted and it was found that the petitioner's allegations are well founded. That being so, it is the duty of the official respondents to take consequential action. The (*)third respondent is therefore, directed to take all the consequential actions based on the enquiry report. The consequential actions shall be initiated within a period of four weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of on these terms. No costs.
Sd/- Assistant Registrar(CS-III) (*)Corrected as per order of this court dated 11.10.2022 Sd/- Assistant Registrar(RTI) // True Copy // /10/2022 Sub Assistant Registrar(CS) Abr 2/3
To 1.The Registrar of Co-Operative Societies (Housing), No.22, 4th Main Road, Gandhi Nagar, Adayar, Chennai-20.
2.The Joint Registrar of Co-Operative Societies (Housing) (Inspection), No.10, A7, Singam Buildings, Trivandrum High Road, Tirunelveli Region, Tirunelveli.
3.The Deputy Registrar of Co-Operative Societies (Housing), No.10, A7, Singam Buildings, Trivandrum High Road, Tirunelveli Region, Tirunelveli-627 002.
4.The SPIC Employees' Co-Operative Housing Society Ltd., Reg.No.TNVHSG 6, Rep. by its Special Officer, Muthaiapuram, Thoothukudi.
5.The Sub-Registrar/ Liquidator of Co-Operative Society, Office of the Deputy Registrar (Housing), Tirunelveli-7.
+1 CC to M/s.S.M.MOHAN GANDHI, Advocate ( SR-38334[F] dated 17/08/2022 ) +1 CC to M/s.SPL.GP ( SR-38410[F] dated 17/08/2022 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-38553[F] dated 17/08/2022 ) 16.08.2022 KMV(CO) KB(13.10.2022) 3P 9C 3/3