Allowed

S.S.Sundaranarasimhan v. the Regional Deputy Registrar

Madras HC6 Oct 2020WP(MD)/9976/2019

Case brief

AI extract

What is this about?

In this writ petition, the Madurai Bench of Madras High Court directed the Regional Deputy Registrar of Co-operative Societies to consider the petitioner's representation for the refund of an advance amount of Rs.11,98,000 paid for a plot under a dropped housing scheme within four weeks. The court held that the prayer was innocuous and granted the relief.

What did the court decide?

First respondent directed to consider petitioner's representation for refund of advance amount within four weeks of receiving the order.

S.S.Sundaranarasimhan Vs the Regional Deputy Registrar — Cooperative Societies | Madras HC (2020)

¶1

W.P.(MD)No.9976 of 2019

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 06.10.2020

¶4

CORAM:

¶5

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE

¶6

W.P.(MD)No.9976 of 2019

¶7

S.S.Sundara Narasimhan ... Petitioner

¶8

Vs.

¶9

The Regional Deputy Registrar, Co-operative Societies Thanjavur, Office of the Regional Deputy Registrar, Thanjavur. 2) Arignar Anna Co-operative Housing Society Ltd., No.1632, Kumbakonam, No.50/44A, Lal Bagadhur Sasthiri Road, Kumbakonam Town, Thanjavur District. 3) Arignar Anna Co-operative Housing Society Ltd., No.1632, Kumbakonam, Rep., by its Secretary D.Kumar, No.50/44A, Lal Bagadhur Sasthiri Road, Kumbakonam Town, Thanjavur District. 4) Arignar Anna Co-operative Housing Society Ltd., No.1632, Kumbakonam, Rep., by its President A.Rajendran, No.50/44A, Lal Bagadhur Sasthiri Road, Kumbakonam Town, Thanjavur District. ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider Petitioner's representation dated 15.02.2019 acknowledged by challan of payment of Rs.1,000/- on the same date under Section 90 of Tamil Nadu Cooperative Societies Act to number and enquire the same.

¶10

https://hcservices.ecourts.gov.in/hcservices/

¶11

1/4

¶12

W.P.(MD)No.9976 of 2019

¶13

For Petitioner : Mr.T.R.Subramanian For Respondents : Mr.C.Ramesh,

¶14

Special Government Pleader.

¶15

O R D E R

¶16

This writ petition has been filed seeking for a direction to the first respondent to consider the representation, dated 15.02.2019 submitted by the petitioner seeking refund of the advance amount paid by him for the purpose of purchase of a plot under the Housing Scheme introduced by Aringnar Anna Co-operative Housing Societies Limited.

¶17

It is the case of the petitioner that, the “Arignar Anna Cooperative Nagar – Extn, III” Scheme has been dropped by the respondents 2 to 4, after the payment of the advance amount by the petitioner towards the purchase of a plot. Therefore, in his representation, dated 15.02.2019, the petitioner has sought for refund of the advance amount totalling Rs.11,98,000/- (Rupees Eleven Lakhs and Ninety Eight Thousand only) from the respondents 2 to 4. It is the further case of the petitioner that, despite his representation dated 15.02.2019, till date, the respondents have not considered the same on merits. In such circumstances, this writ petition has been filed.

¶18

Heard Mr.T.R.Subramanian, learned counsel for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents.

¶19

The prayer sought for in this writ petition is of an innocuous nature and no prejudice will be caused to the respondents, if such a prayer is granted by this Court. It is the case of the petitioner that, he had paid an advance amount of Rs.11,98,000/- towards the purchase of plot under the aforementioned 'Housing Scheme' introduced by the respondents 2 to 4, which has been subsequently dropped by the said respondents.

¶20

After giving due consideration to the aforesaid mentioned factors, this Court is inclined to grant the relief as sought for by the petitioner.

¶21

In the result, this Court is inclined to dispose of this Writ Petition with the following order:-

¶22

“ the first respondent is directed to consider the petitioner's representation, dated 15.02.2019 seeking for refund of the advance amount of Rs.11,98,000/- allegedly https://hcservices.ecourts.gov.in/hcservices/

¶23

2/4

¶24

W.P.(MD)No.9976 of 2019

¶25

paid by him, for the purchase of plot under the “Arignar Anna Co-operative Nagar – Extn, III” Housing Scheme introduced by the respondents 2 to 4, on merits and in accordance with law within a period of four(04) weeks from the date of receipt of a copy of this order.”

¶26

With the aforesaid direction, this Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/-

Assistant Registrar

// True Copy //

sts

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.

¶32

To:

¶33

1. The Regional Deputy Registrar, Co-operative Societies Thanjavur, Office of the Regional Deputy Registrar, Thanjavur.

¶34

Arignar Anna Co-operative Housing Society Ltd., No.1632, Kumbakonam, No.50/44A, Lal Bagadhur Sasthiri Road, Kumbakonam Town, Thanjavur District.

¶35

Arignar Anna Co-operative Housing Society Ltd., No.1632, Kumbakonam, Rep., by its Secretary D.Kumar, No.50/44A, Lal Bagadhur Sasthiri Road, Kumbakonam Town, Thanjavur District.

¶36

https://hcservices.ecourts.gov.in/hcservices/

¶37

3/4

¶38

W.P.(MD)No.9976 of 2019

¶39

Arignar Anna Co-operative

¶40

Housing Society Ltd., No.1632, Kumbakonam,

¶41

Rep., by its President A.Rajendran,

¶42

No.50/44A, Lal Bagadhur Sasthiri Road,

¶43

Kumbakonam Town,

¶44

Thanjavur District.

¶45

+1cc to Mr.T.R.Subramanian, Advocate sr.19404 +1cc to Special Government Pleader, SR.No. 19333

¶46

Order made in W.P.(MD)No.9976 of 2019

¶47

Dated: 06.10.2020

¶48

SJ(CO)

¶49

NR (16/10/2020) 4P : 7C

¶50

https://hcservices.ecourts.gov.in/hcservices/

¶51

4/4

S.S.Sundaranarasimhan v. the Regional Deputy Registrar

Case brief

What is this about?

What did the court decide?

S.S.Sundaranarasimhan v. the Regional Deputy Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.Kumaresan Vs the Engineer-in-Chief(Wro)

V.Kumaresan Vs The Superintending Engineer, (H)

Ramalingam Vs the District Revenue Officer

R.R.Ramasamy Vs the Deputy Registrar

Saliya Beevi, Vs the Executive Officer

M. Gunasekaran Vs the Revenue Divisional Officer