K.R. Veeraswami v. The Registrar Of Co-Op Societies (Housing)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.11.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.R.Veeraswami ... Petitioner Vs.
1.The Registrar of Co-op Societies (Housing), Tamil nadu Co-op Housing Complex II Floor, No.48, Ritherdon Road, Vepery, Chennai - 600 007.
2.The Deputy Registrar (Housing), No.3, D.D. Road, Maninagaram, Virdhunagar - 626 001.
3.The Tamil nadu Public Servant's Co operative, House Building Society Ltd., Sattur, Virudhunagar District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to allot a house site to the petitioner in the 3rd respondent Society. For Petitioner : Mr.K.Rajeshwaran For Respondents 1 to 3 : Mr.S.Kameshwaran Government Advocate 1/5
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.This Writ Petition is filed, seeking to direct the respondents 2 and 3 to allot a house site to the petitioner in the 3rd respondent Society. 3.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 to 3 and carefully perused the entire materials available on record. 4.The petitioner is a super senior citizen as well as retired District Judge, who is 96 years old. He became the member of the third respondent Society as early as in the year 1998, paying a sum of Rs. 8,000/- in two installments as his membership fee and his membership number is 328. The third respondent Society had built 205 houses and allotted the same to its members. However, the petitioner was not allotted with any house for the reason best known to the then Secretary and President of the Society.
Currently there are 35 house sites available for allotment to the members of the housing Society and the petitioner claims that his seniority number is 9.
allotted with plots. In view of the same, he had sent a representation on 02.08.2024, requesting to issue directions to the first respondent as well as second respondent directing to allot him with house site. But the same is not considered. Hence, the Writ Petition is filed. 5.When the learned Government Advocate appearing for the respondents on instructions submitted that G.O.(3D)No.49, Housing and Urban Development (HCS.1) Department, dated 06.09.2024, in which allegations regarding irregular allotments of house plots have been dealt with and has been settled by issuance of revised order. As claimed by the petitioner, the learned Government Advocate has admitted that 35 plots are available on that date. However, he was not sure whether the petitioner will fall within zone of consideration by substantiating his seniority.
6.In view of the same, this Court hereby direct the second respondent to consider the petitioner's representation in the light of the his seniority properly and allot him with house site, if he is otherwise eligible within a period of four weeks from the date of receipt of copy of this order.
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7.Accordingly, this Writ Petition is allowed. There shall be no order as to costs.
29.11.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn To 1.The Registrar of Co-op Societies (Housing), Tamil nadu Co-op Housing Complex II Floor, No.48, Ritherdon Road, Vepery, Chennai - 600 007.
2.The Deputy Registrar (Housing), No.3, D.D. Road, Maninagaram, Virdhunagar - 626 001.
3.The Tamil nadu Public Servant's Co operative, House Building Society Ltd., Sattur, Virudhunagar District.
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L.VICTORIA GOWRI, J.
Mrn 29.11.2024 5/5