O R D E R

This writ petition has been filed challenging the impugned order of the

1st respondent dated 06.07.2022 and the consequential enquiry notice dated

23.08.2022 issued by the 3rd respondent.

2. Heard the learned counsel for the petitioner and Mr.G.Ameedius, learned Government Advocate, accepts notice on behalf of 1st and 2nd respondents and Mr.P.Ganesan, learned Government Advocate accepts notice on behalf of the 3rd and 4th respondents.

3. The petitioner claims that he is the owner of the property in Plot No.368 of Raja Street, Soodamanipuram, Karaikudi. According to him, the said plot is an approved plot and the lay out was formed by the 4th respondent Society. According to the petitioner, Rakkammal @ Susila was a member of the Society and Plot No.368 was earlier allotted to her and the sale deed dated 28.08.1995 was executed by the 4th respondent in her favour. Rakkammal @ Susila then executed a sale deed dated 31.01.2003 in favour of one Vellaiammal. Thereafter, the said Vellaiammal executed a registered sale deed dated 13.09.2019 in favour of the petitioner's father D.Jalaludhin. According to the petitioner, his father executed a settlement deed dated 05.08.2020 in his favour and after the execution of the settlement deed, he has constructed a house and they are presently living there. According to the petitioner, he was surprised to receive an enquiry notice from the 3rd respondent under section 81 of the Tamil Nadu Co-operative Societies Act calling him to appear for enquiry on 06.09.2022. According to the petitioner, only thereafter, he came to know that Vellaisamy, who became the member of the 4th respondent Society in the year 2016, made a complaint to the allotment made by the 4th respondent Society. According to the petitioner, the allotment for which the complaints were made relates to the year 1991. Therefore, according to the petitioner, the sale deed executed thereafter, cannot be questioned. According to the petitioner, his father was a bonafide purchaser and therefore, the sale deed executed in the name of his father for plot No.368 cannot be questioned.

4. Admittedly, only an enquiry notice has been issued under section

81 of the Tamil Nadu Cooperative Societies Act which is the subject matter of challenge in this writ petition. The petitioner will have to necessarily submit an explanation to the said notice and participate in the said enquiry and prove his innocence. Instead of participating in the enquiry, the petitioner has directly approached this Court under Article 226 of the Constitution of India, which in the considered view of this Court is premature.

5. The learned counsel for the petitioner, on instructions, would now submit that the petitioner is willing to participate in the enquiry, provided no coercive steps are taken against him till final orders are passed in the enquiry proceedings.

6. No prejudice would be caused to the respondents if the petitioner's interest is protected by directing the respondents not to take any coercive steps till final orders are passed in the enquiry proceedings.

7. For the forgoing reasons, this Writ Petition is disposed of by directing the petitioner to participate in the enquiry proceedings pursuant to the issuance of the impugned notice under section 81 of the Tamil Nadu Cooperative Societies Act and the respondents are directed to pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and by following due procedure established under law. Till final orders are passed by the respondents, no coercive steps shall be taken against the petitioner by the respondents. No costs. Consequently, connected miscellaneous petitions are closed.

28.10.2022 Index: Yes/ No Speaking Order/Non-speaking Order vsi To

1. The Registrar, Co-operative Societies (Housing), Tamil Nadu Co-operative Housing Annexes, Ritherdon Salai, Veppery, Chennai.

ABDUL QUDDHOSE, J.

vsi

2. The Deputy Registrar (Housing), Virudhunagar Zone, Virudhunagar.

3. The Co