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2022 Supreme(Mad) 45

PARESH UPADHYAY, SATHI KUMAR SUKUMARA KURUP
K. Selvaraj – Appellant
Versus
Arbitrator/Sub-Registrar of Co-operatives, (Housing Development), Salem – Respondent


Advocates Appeared:
For the Appellant :K.S. Govinda Prasad, Advocate.
For the Respondents:C. Jayaprakash, Government Advocate.

JUDGMENT :

Paresh Upadhyay, J.

Prayer: Appeal preferred under Clause 15 of Letters Patent against the order dated 29.10.2020 made in W.P.No.15101 of 2020.

1. Challenge in this appeal is made to the order dated 29 October 2020 recorded on W.P.No. 15101 of 2020. This appeal is by the original writ petitioner.

2. Learned advocate for the appellant has submitted that the impugned order is unsustainable since the grounds raised in the writ petition are not dealt with inasmuch as the writ petitioner/appellant could not pay the amount asked for by the respondent society/authorities for want of ‘No Objection Certificate’ given by it and therefore the allotment of the property in question could not have been cancelled by them. It is submitted that the arbitrator, so also the District Court ought to have interfered with, which they did not and that error ought to have been corrected in the writ petition, and the same having not been done, this appeal be entertained. It is submitted that the decision of the respondent of cancelling the allotment be interfered with. During the course of the hearing, learned advocate for the appellant has also submitted that, the appellant is willing to pay some am

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