N.Rangasamy vs The Joint Registrar Of ...
2023 Latest Caselaw 1378 Mad

                                                                                   W.P.No.2783 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 03.02.2023

                                                            CORAM :

                              The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                     W.P. No.2783 of 2023

                     N.Rangasamy                                         .. Petitioner
                                                         vs
                     1. The Joint Registrar of Co-operative Societies,
                     Vengikkal,
                     Tiruvannamalai.

                     2. The HH- 610, Thandrampet Farmers,
                     Service Co-operative Society,
                     Rep. By its President,
                     Thandrampet,
                     Tiruvannamalai District – 606 607.                         ... Respondents

                                  Petition filed under Article 226 of the Constitution of India praying
                     to issue a writ of Certiorari Mandamus, to call for the records of the 2nd
                     respondent herein dated 28.12.2020 and to quash the same as illegal and
                     consequently directing the respondents herein to pass appropriate orders
                     of re-conveyance of the land to the petitioner as per Rule 131 of the Tamil
                     Nadu Co-operative Societies Rules and as per the order passed in W.A.
                     No.1158 of 2008.
                                  For Petitioner            :     Mr.Adarsh Subramanian
                                  For Respondents           :     Mr.S. Ravikumar,
                                                                  Spl. Govt. Pleader for R1
                                                                  Mr.S. Arumugham,
                                                                  Government Advocate for R2

https://www.mhc.tn.gov.in/judis
                     1/6
                                                                                   W.P.No.2783 of 2023



                                                            ORDER

By consent of both the parties, this writ petition is taken up for

final disposal in the admission stage itself.

2. Mr.S.Ravikumar, learned Special Government Pleader accepts

notice for the 1st respondent and Mr.S. Arumugham, learned Government

Advocate accepts notice for the 2nd respondent.

3. This writ petition has been filed challenging the order dated

28.12.2020 passed by the 2nd respondent rejecting the petitioner's request

to give particulars of the amount due and payable by him for reconveying

the property to him as per the provisions of Rule 131 of the Tamil Nadu

Co-operative Societies Rules.

4. The 2nd respondent has rejected the petitioner's representation on

the ground that they have purchased the property 40 years back on

29.10.1979 and the patta has already been transferred in their name.

5. Heard Mr.Adarsh Subramanian, learned counsel for the

petitioner, Mr.S.Ravikumar, learned Special Government Pleader for the

1st respondent and Mr.S. Arumugham, learned Government Advocate for

the 2nd respondent.

6. Admittedly, the petitioner's father was a defaulter and to adjust

https://www.mhc.tn.gov.in/judis

W.P.No.2783 of 2023

the dues payable by the petitioner's father, the property was purchased by

the 2nd respondent Society on 29.10.1979. The petitioner claims that his

father as well as himself had made several representations requesting the

2nd respondent to reconvey the property to them and give particulars of

the amounts payable by them for the said reconveyance as per the

provisions of Rule 131 of the Tamil Nadu Co-operative Societies Rules.

According to the petitioner, he was unable to get the details of the

payments due and payable by him and therefore, he was unable to

deposit the amount which is a pre-condition for entertaining an

application under Rule 131 of the Tamil Nadu Co-operative Societies

Rules.

7. Rule 131 of the Tamil Nadu Co-operative Societies Rules reads

as follows :-

“131. Reconveyance of immovable property by a society : - (1) Where an immovable property purchased by a society as decree-holder is in its possession, the society may with the prior approval of the Registrar and subject to such conditions as may be imposed by him, reconvey such property to the original owner on an application in writing made in this behalf. (2) Along with the application for reconveyance of the property the original owner shall deposit with the society -

(a) the amount at which the property was purchased by the society including stamp duty and other charges paid upto the

https://www.mhc.tn.gov.in/judis

W.P.No.2783 of 2023

confirmation of sale;

(b) the interest on the above mentioned amount at the maximum lending rate in the case of a credit society or at a rate not less than the maximum borrowing rate, in the case of any other society, from the date of purchase till the date of deposit of the amount; and

(c) other expenses incurred in relation to such property”.

8. Even as seen from the affidavit filed in support of this writ

petition, the petitioner has been making attempts to get the property

reconveyed in his favour only in the year 2007 though the property was

purchased by the 2nd respondent Society in the year 1979 itself.

Admittedly, several years have elapsed, since the 2nd respondent Society

got the property in the year 1979.

9. The learned counsel for the petitioner also drew the attention of

this Court to the Judgment dated 10.03.2010 passed by the Division

Bench of this Court in Writ Appeal viz., W.A. No.1158 of 2008 filed by

the 2nd respondent Society as against the order passed by the learned

Single Judge in favour of the petitioner's father M.R.Nagarajan. In

particular, he referred to the operative portion of the said Division Bench

judgment, which has given liberty for the petitioner's father, who is no

more to file an application for re-conveyance strictly in accordance with

Rule 131 of the Tamil Nadu Co-operative Societies Rules after

https://www.mhc.tn.gov.in/judis

W.P.No.2783 of 2023

ascertaining the amounts that should be deposited in accordance with

Sub Rule (2).

10. However, as seen from the Division Bench judgment, dated

10.03.2010 it is clear that the Division Bench never directed the 2 nd

respondent Society to consider the petitioner's request, even if the

application filed by the petitioner under Rule 131 of the Tamil Nadu Co-

operative Societies Rules suffers from laches.

11. Admittedly, in the instant case, the request made by the

petitioner to enable him to file an application under Rule 131 of the

Tamil Nadu Co-operative Societies Rules was made only in the year 2020

which culminated in the impugned order rejecting his request on the

ground of laches.

12. This Court does not find any infirmity in the impugned order.

Accordingly, this writ petition is dismissed. No costs.

03.02.2023

Index:Yes/No Neutral Citation:Yes/No vsi2

https://www.mhc.tn.gov.in/judis

W.P.No.2783 of 2023

ABDUL QUDDHOSE, J.

vsi2

To

1. The Joint Registrar of Co-operative Societies, Vengikkal, Tiruvannamalai.

2. The President, The HH- 610, Thandrampet Farmers, Service Co-operative Society, Thandrampet, Tiruvannamalai District – 606 607.

W.P. No.2783 of 2023

03.02.2023

https://www.mhc.tn.gov.in/judis