Madras High CourtWP(MD)/10263/2017closed

P.Saraswathi v. The Assistant General Manager

2025-01-06Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.7849 of 2017 P.Saraswathi .. Petitioner Vs.

1.The Assistant General Manager, Tamil Nadu Co-operative Society Housing Board, Post Box - 486, No.48, Rithardan Road, Vepary, Chennai - 600 007.

2.The Secretary, (Incharge) M.M.124, Karur Co-operative Housing Society Ltd., 11, Rajiv Gandhi Nagar, Vengamedu, Karur - 600 006.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, calling for the records of 1st respondent in his proceedings Na.Ka.No.4834/16-17/Va(Ma)Aa dated 01.04.2017.

For Petitioner :

Mr.V.Muthukamatchi For R1& R2 :

Mr.C.G.Pethanaraj

ORDER

This writ petition is filed for issuance of Writ of Mandamus, calling for the records of the 1st respondent in his proceedings Na.Ka.No. 4834/16-17/Va(Ma)Aa dated 01.04.2017.

2. There is a challenge to the order dated 01.04.2017 directing the petitioner to deposit the amount in Escrow account that he had defaulted to the 2nd respondent society.

3. The learned counsel for the petitioner brought on record that an arbitration proceeding was also initiated, in which an award was passed against which the petitioner preferred a CMA and the same had been dismissed for default.

4. The learned counsel for the petitioner would further submit that he has taken necessary steps to restore the said CMA.

5. In view of the same, there is no necessity to adjudicate on this writ petition further and the writ petition stands closed. However, the petitioner is at liberty to take appropriate remedies that are available under law. No costs. Connected writ miscellaneous petition is closed. 06.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes nst To 1.The Assistant General Manager, Tamil Nadu Co-operative Society Housing Board, Post Box - 486, No.48, Rithardan Road, Vepary, Chennai - 600 007.

2.The Secretary, (Incharge) M.M.124, Karur Co-operative Housing Society Ltd., 11, Rajiv Gandhi Nagar, Vengamedu, Karur - 600 006.

K.KUMARESH BABU, J.

nst and W.M.P.(MD) No.7849 of 2017 Dated: 06.01.2025