Regi K v. The Registrar / Appellate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.23533 of 2023 K.Regi ... Petitioner Vs.

1.The Registrar/Appellate Authority, Co-operative Housing, Societies, Chennai.

2.The Deputy Registrar, (Housing), Vannara Pettai, Tirunelveli-627 002.

3.The Secretary, Y.159 Kanyakumari Co-operative Housing Society, Nagercoil, Kanyakumari District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.5392/2022/Sapa1 dated 16.05.2023 passed by the 1st respondent quash the same as illegal and consequently directing the 2nd respondent to implead the petitioner in E.P.No. 47/2004-05 on the file of the 2nd respondent. 1/4

For Petitioner : Mr.B.Prasanna Vinoth For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

Heard both sides.

2. All that the petitioner wants is to implead herself in the pending E.P.No.47 of 2004 on the file of the second respondent. The petitioner's request was negatived on the ground that the petitioner was a member of the society. The reason assigned by the second respondent may be sustainable. In matters as such as this, it is only just and proper that all the stake holders are heard. In fact, if the petitioner is also heard, any order that is passed by the second respondent will be binding on the petitioner also. It is in the interest of the third respondent society also.

3. In this view of the matter, the order impugned in the writ petition is set aside. The petitioner is impleaded as second respondent in the said E.P. The petitioner shall be heard before final order is passed. The Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.

20.12.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The Registrar/Appellate Authority, Co-operative Housing, Societies, Chennai.

2.The Deputy Registrar, (Housing), Vannara Pettai, Tirunelveli-627 002.

3.The Secretary, Y.159 Kanyakumari Co-operative Housing Society, Nagercoil, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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