Madras High Court
A-1321 vs K.R.Selvaraj ... 1St on 9 March, 2021
W.A.(MD)No.399 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.399 of 2021
C.M.P.(MD) No.1459 of 2021
A-1321, Karaikudi Co-operative Housing Building Society,
Rep. by its President,
Karaikudi,
Sivagangai District. ... Appellant/3rd Respondent
Vs.
1.K.R.Selvaraj ... 1st Respondent/Petitioner
2.The Registrar of Co-operative Societies (Housing),
48, Rithatran Road,
Veppari, Chennai – 600 007.
3.The Regional Deputy Registrar (Housing),
Virudhunagar Region,
Virudhunagar District. ... Respondents 2 & 3/Respondents 1 & 2
4.D.Victor Sebastik Baskaran ... 4th Respondent/4th Respondent
Prayer : Appeal filed under Clause 15 of the Letters Patent Act against the order
passed by this Court in W.P.(MD)No.16308 of 2019, dated 10.09.2020.
For Appellant : Mr.Meenakshi Sundaram
for M/s.K.Vairamuthu
For Respondents 2 & 3 : Mr.C.Ramesh
Special Government Pleader
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W.A.(MD)No.399 of 2021
For 4th Respondent : Mr.M.Vijarathinam
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J)
This appeal has been preferred by the appellant, challenging the order
of the learned Single Judge on the premise that G.O.Ms.No.224, Housing and
Urban Development Department, dated 27.11.2009, would cover the stage of
those cases, where allotments have been made prior to that, with the entire sale
consideration having been paid, while awaiting the execution of the sale deed.
2.Learned Single Judge has rightly held that the said Government
Order is only prospective and therefore, in cases, where the allotment has
already been made and consideration has been received, the said Government
Order cannot be applied. Thus, we do not find any reason to interfere with the
order of the learned Single Judge. Mere execution of the sale deed, subsequent
to the contract concluded between the parties, would not create new right that is
sought to be imposed by virtue of the Government Order in terms of the
agreement entered between the inter se parties. We also took note of the fact
that the appellant has not filed the Writ Petition, but only a member of the
Society has filed the Writ Petition and he has not made any challenge to the
order of the learned Single Judge.
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W.A.(MD)No.399 of 2021
3.In such view of the matter, the Writ Appeal stands dismissed.
Consequently, connected C.M.P.(MD) No.1459 of 2021 is also dismissed. No
costs.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes/No 09.03.2021
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To
1.The Registrar of Co-operative Societies (Housing),
48, Rithatran Road,
Veppari, Chennai – 600 007.
2.The Regional Deputy Registrar (Housing),
Virudhunagar Region,
Virudhunagar District.
http://www.judis.nic.in
W.A.(MD)No.399 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
sj
W.A.(MD)No.399 of 2021
09.03.2021
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