IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.3817 of 2020 and W.M.P.No.4523 of 2020 M/s.Cheran Co-operative House Building Society, Represented by its President, No.B2 (b) Cheran Nagar, Kavundampalayam, Gnanambika Mills Post, Coimbatore. ... Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies (Housing), Office of the Deputy Registrar of Co-operative Societies (Housing), Coimbatore.

2.The Sub-Registrar, Palladam, Tiruppur District.

3.A.Raja (R3 impleaded vide order dated 28.04.2023 made in W.M.P.No.24371 of 2020 in W.P.No.3817 of 2020) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the order dated 07.05.2019 on the file of the second respondent in Na.Ka.No.213 of 2019 and quash the same as illegal and consequentially direct the second respondent to cancel the Construction Agreement dated 24.01.2014 bearing Doc.No.801 of 2014 by implementing the order passed by the first respondent in Thava No.01/2018-19/SAPA dated 04.03.2019.

For Petitioner : Mr.S.Kumaresan For Respondents :

For R1 and R2 : Mr.P.Anandakumar Government Advocate For R3 : No appearance

ORDER

This Writ Petition has been filed seeking for issuance of a certiorarified mandamus, to call for the records pertaining to the order dated 07.05.2019 on the file of the second respondent in Na.Ka.No.213 of 2019 and quash the same as illegal and consequentially direct the second respondent to cancel the Construction Agreement dated 24.01.2024 bearing Doc.No.801 of 2024 by implementing the order passed by the first respondent in Thava No.01/2018-

19/SAPA dated 04.03.2019.

2. The case of the petitioner Society is that the petitioner Society entered an Agreement with one A.Raja having Membership No.6927, who is working as conductor at Uppilipalayam, Tamil Nadu State Transport Corporation (TNSTC), Coimbatore District. As per the Society by-law, Society property will be allotted only to the members who does not have any property either in his name, his wife or his children. The petitioner further submitted that fraudulently the said A.Raja joined in the Palladam Housing Scheme through his application dated 21.10.2011. On 08.12.2016, the petitioner Society verified with the deductions of Equated Monthly Installment (EMI) and it was found that the said A.Raja have obtained another allotment with Tamil Nadu State Transport Corporation (TNSTC) Employment Housing Society. Hence, the petitioner Society filed a petition in Thava No.01/2018-2019/SAPA before the Deputy Registrar of Co-operative (Housing) the first respondent herein. On 04.03.2019, the first respondent passed an order by cancelling the status of the membership of the said A.Raja by disqualifying him from membership and consequentially cancelling the Construction Agreement dated 24.01.2014 bearing Doc.No.801 of 2014 on the file of the Sub Registrar Office, Palladam Taluk, Tiruppur District.

3. The further case of the petitioner Society is that following the order passed by the first respondent, a communication was sent by the petitioner Society to the second respondent on 06.05.2019, to cancel the Construction Agreement dated 24.01.2014. In this regard, the District Registrar (Registration), Tiruppur, has sought for clarification from the Inspector General of Registration, Chennai. The Inspector General of Registration, Chennai, through his Letter dated Nil.11.2019 replied to the District Registrar (Registration), Tiruppur, that there is no clarification required in the said issue. The petitioner Society have given representation dated 27.08.2019 to the Inspector General of Registration, Chennai, to cancel the Construction Agreement. Despite the representation, the second respondent through his proceedings in Na.Ka.No.213 of 2019 dated 07.05.2019, without any reasons, have summarily rejected the representation