Madras High CourtWP(MD)/30087/2023disposed of

Krishnakumar .T.R v. The Deputy Registrar - Housing

2023-12-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.25944 & 25945 of 2023 T.R.Krishnakumar ... Petitioner Vs.

1.The Deputy Registrar-Housing, Virudhunagar Region, No.3, Mani Nagaram T.T.Nagar, Virudhunagar 626 001.

2.The President / Secretary, A 1321, Karaikudi Co-operative House Building Society Ltd., No.20, Shanmugaraja Road, T.T.Nagar, Karaikudi 630 001, Sivagangai District.

3.A.Sivasubramanian 4.M.Balasaraswathi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the order dated 24.11.2023 in Na.Ka.1074/2023/SP-Award No.4/2022-2023 of the 1st respondent herein and quash the same. 1/4

For Petitioner : Mr.Ar.L.Gandhimathi Senior Counsel for Mr.C.Mahadevan For Respondent : Mr.K.Balasubramani Special Government Pleader for R1 & R2

ORDER

Heard both sides.

2. The impugned award is appealable under Section 152 of the Tamil Nadu Co-operative Societies Act before the Registrar of Co-operative Societies. The petitioner can very well avail the said remedy. The petitioner filed an impleading application before the first respondent. But the impleading application was negatived. It is clear that the petitioner does have a locus standi in the matter.

3. Therefore, the petitioner is permitted to file an appeal even without any formal leave petition before the appellate authority. Such an appeal will be filed within a period of four weeks from the date of receipt of a copy of this order. On such application being filed, it shall be entertained without reference to limitation and without there being any leave petition also. The petitioner shall also file IA for interim relief. The said interim application shall also be disposed of within a period of three weeks thereafter by the appellate authority. The impugned order shall be put on hold and kept in abeyance for a period of 8 2/4

weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. The contentions of the petitioner as well as the third respondent are left open.

4. The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

18.12.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The Deputy Registrar-Housing, Virudhunagar Region, No.3, Mani Nagaram T.T.Nagar, Virudhunagar 626 001.

2.The President / Secretary, A 1321, Karaikudi Co-operative House Building Society Ltd., No.20, Shanmugaraja Road, T.T.Nagar, Karaikudi 630 001, Sivagangai District.

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G.R.SWAMINATHAN, J.

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