Mohamed Hanifa v. The Regional Deputy Registrar (Housing)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Mohamed Hanifa ... Petitioner Vs.

1.The Regional Deputy Registrar (Housing), O/o. the Regional Deputy Registrar (Housing), No. 13/107, Ramalingam Adigalar Arakkattalai, Daniel Thomas Nagar, 2.The Sub-Registrar of Co-Operative Societies (Housing), O/o. the Sub-Registrar of Co-Operative Societies (Housing) Danile Thomas Nagar, 3.Arignar Anna Co-Operative Societies Limited No.A-1432, Represented by its President, No. 55/44-A, Lal Bahadhur Sastri Road, Kumbakonam Town, 4.Arignar Anna Co-Operative Sovieties Limited No.A-1432, Represented by its Secretary, No. 55/44-A, Lal Bahadhur Sastri Road, 1/6

Kumbakonam Town, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent No.1 to consider the Petitioner's Representation dated 11.12.2024 under section 90 of Tamil Nadu Co-operative Societies Act within the time that may be stipulated by this Court.

For Petitioner : Mr.SMA Jinnah For R-1 & R-2 : Mr.S.Kameswaran Government Advocate *****

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.Considering the limited scope of the relief sought for by the petitioner herein, notice to the respondents 3 and 4 is dispensed with. 3.This Writ petition is filed to direct the respondent No.1 to consider the Petitioner's Representation dated 11.12.2024 under section 90 of Tamil Nadu Co-operative Societies Act.

2/6

4.Heard the learned counsels on either sides and carefully perused the materials available on record.

5.The petitioner has made a representation to the 1st respondent dated 11.12.2024 seeking interest for the principal amount to the tune of Rs.12,30,000/- (Rupees One Lakhs Twenty Three Thousand only), to which the petitioner is entitled to.

6.The learned Government Advocate, Mr.S.Kameswaran, on instructions submitted that already the principal amount has been fully settled and the claim is only with respect to the interest and the petitioner's representation will be considered in accordance with law. 7.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be 3/6

justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

8.Recording the same, the the respondents are directed to consider the petitioner's representation dated 11.12.2024 within a period of six (6) weeks from the date of receipt of a copy of this order. 9.With the above directions, this writ petition is disposed of. No costs. 03.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Regional Deputy Registrar (Housing), O/o. the Regional Deputy Registrar (Housing), No. 13/107, Ramalingam Adigalar Arakkattalai, Daniel Thomas Nagar, 4/6

2.The Sub-Registrar of Co-Operative Societies (Housing), O/o. the Sub-Registrar of Co-Operative Societies (Housing) Danile Thomas Nagar, 5/6

L.VICTORIA GOWRI, J.

Sml 03.01.2025 6/6