K.Jai Ganesh vs The Registrar Of Co-Operative ...
2023 Latest Caselaw 7270 Mad

                                                                         W.A.No.1918 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:   28.06.2023

                                                    CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1918 of 2021

                     K.Jai Ganesh                                   ..    Appellant

                                                       Vs.

                     1. The Registrar of Co-operative Societies (Housing)
                        O/o. The Registrar Co-operative Societies (Housing)
                        Rethurden Road, Veppery
                        Chennai – 600 007.

                     2. The Deputy Registrar of
                          Co-operative Societies (Housing)
                        Chennai Region, Ramanathan Salai
                        T.Nagar, Chennai – 17.

                     3. The President
                        Periyar Nagar Government Servant
                         Co-operative House site Distribution Society Ltd.
                        Thiruvalluvar Co-operative Thirumana Maaligai
                        29, Karthikeyan Salai
                        Periyar Nagar, Chennai – 82.                 ..    Respondents




                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                W.A.No.1918 of 2021




                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 23.06.2021 in W.P.No.1571 of 2021.


                                      For the Appellant         : Ms.R.Thenamirtha Shyamala

                                      For the Respondents       : Mr.U.Bharanidharan
                                                                  Additional Govt. Pleader
                                                                  for R1 & R2

                                                                  Mr.S.V.Durai Solaimalai
                                                                  for R3


                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard the learned counsel for the appellant, learned

Additional Government Pleader for respondents 1 & 2 and the learned

counsel for respondent 3.

2. The appellant has filed a writ petition seeking a direction to

the third respondent to register the sale deed of the writ property.

Learned Single Judge did not entertain the writ petition on merits and

observed that the appellant has a remedy under Section 90 of the

Tamil Nadu Cooperative Societies Act, 1983.

https://www.mhc.tn.gov.in/judis W.A.No.1918 of 2021

3. Though learned counsel for the appellant sought to canvass

that, in fact, the dispute does not exist and the original allottee had

already transferred the interest in favour of the father of the appellant,

still the fact that has been observed by the learned Single Judge is

that the third respondent has never executed conveyance in favour of

the original allottee.

4. Be that as it may. As some dispute exists between the parties,

the learned Single Judge has appropriately relegated the parties to

avail the remedy.

5. In the light of that, the writ appeal stands disposed of. There

will be no order as to costs.

                                                                (S.V.G., CJ.)             (P.D.A., J.)
                                                                                28.06.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     drm

https://www.mhc.tn.gov.in/judis W.A.No.1918 of 2021

To

1. The Registrar of Co-operative Societies (Housing) O/o. The Registrar Co-operative Societies (Housing) Rethurden Road, Veppery Chennai – 600 007.

2. The Deputy Registrar of Co-operative Societies (Housing) Chennai Region, Ramanathan Salai T.Nagar, Chennai – 17.

3. The President Periyar Nagar Government Servant Co-operative House site Distribution Society Ltd. Thiruvalluvar Co-operative Thirumana Maaligai 29, Karthikeyan Salai Periyar Nagar, Chennai – 82.

https://www.mhc.tn.gov.in/judis W.A.No.1918 of 2021

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm)

W.A.No.1918 of 2021

28.06.2023

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