2024:MHC:3589 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024 CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN W.A(MD)Nos.408 and 536 of 2019 and C.M.P(MD)Nos.3522 and 4532 of 2019 W.A(MD)No.408 of 2019 Amaranathan ...Appellant/6^th respondent .Vs.

1.K.Baskaran ...First Respondent/Petitioner

2.The Registar of Cooperative Societies(Housing), Tamil Nadu Housing Board Building Complex, Nandanam, Chennai-35.

3.The Deputy Registrar(Housing), Daniel Thomas Nagar, Thanjavur.

4.The President, T.834, Shanmuga Nagar, Cooperative Building Society Limited, Kannan Nagar, Thanjavur.

5.The Secretary T.834, Shanmuga Nagar, Cooperative Building Society Limited, Kannan Nagar, Thanjavur. 6.M.Ravi, Secretary, T..834, Shanmuga Nagar, Cooperative Building Society Limited, Kannan Nagar, Thanjavur. ... Respondents/Respondents W.A(MD)No.536 of 2019 The Secretary, T.834, Shanmuga Nagar Cooperative Building Society Limited, Kannan Nagar, Thanjavur ...Appellant/4th respondent .Vs.

1.K.Baskaran ...First Respondent/Petitioner

2.The Registar of Cooperative Societies(Housing), Tamil Nadu Housing Board Building Complex, Nandanam, Chennai-35.

3.The Deputy Registrar(Housing), Daniel Thomas Nagar, Thanjavur.

4.The President, T.834, Shanmuga Nagar, Cooperative Building Society Limited, Kannan Nagar, Thanjavur. 5.M.Ravi, Secretary, T..834, Shanmuga Nagar, Cooperative Building Society Limited, Kannan Nagar, Thanjavur.

6.Amaranathan ... Respondents 2-5/

Respondents 1,2,3,5 and 6 COMMON PRAYER: Writ Appeals filed under Clause 15 of Letters Patent Act praying this Court to set aside the orderS of this Court made in W.P(MD)No.2155 of 2018 and W.P(MD)No.2155 of 2018, dated 25.3.2019.

W.P(MD)No.408 of 2019 For Appellant : Mr.M.P.Senthil For Respondent-1 : Mr.P.Ganapathi Subramanian For Respondents : Mr.D.Sachikumar

2 and 3 Addl.Govt.Pleader For Respondent-5 :Mr.Saravanan W.P(MD)No.408 of 2019 For Appellant : Mr.M.Saravanan For Respondent-1 : Mr.P.Ganapathi Subramanian For Respondents : Mr.D.Sachikumar

2 and 3 Addl.Govt.Pleader For Respondent-6 :Mr.M.P.Senthil

JUDGMENT

(Order of the Court was made by P.VELMURUGAN.,J)

The Writ Appeal filed by the private respondent is W.A(MD)No.408 of 2019 and the Writ Appeal filed by the Society is W.A(MD)No.536 of 2019. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The private respondent/first respondent herein filed the Writ Petition and the Writ Court considered the fact and held that call for tender has not been done property and therefore disposed of the Writ Petition with certain directions, which reads as follows: ‘’10...............................

(i)The second respondent is directed to hold fresh auction on 29.3.2018 at

3.00 p.m. in his office. On the said date, the Petitioner and the sixth respondent/Amaranathan alone will be the participants.The sixth respondent can be called upon to match the offer made by the Writ Petitioner.

(ii)If the sixth respondent is not willing to match the Writ Petitioner’s offer, the second respondent is directed to issue proceedings for cancelling the impugned tender process that culminated in favour of the sixth respondent.The amount of Rs.14,50,000/- offered by the Writ Petitioner shall be accepted by the respondent/society and a deed of sale shall be executed in favour of the Writ Petitioner.

(iii)The jurisdictional Sub Registrar shall make an entry regarding the cancellation of the sale transaction in favour of the sixth respondent. Out of the consideration remitted by the Writ Petitioner, the society will refund the sixth respondent the sale consideration in full together with the expenses incurred by him inclusive of interest at the rate of 6% per annum.

(iv)If the sixth respondent is willing to match the Petitioner’s offer, then there will be a bid between the two and whoever is the highest bidder will be declared as the purchaser.

(v)If the sixth respondent is the highest bidder, the sixth responden