IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2022

C O R A M

THE HON'BLE MS.JUSTICE V.M.VELUMANI

W.P.No.31703 of 2019

and W.M.P.Nos.31896 & 31897 of 2019

Tamilnadu Government Servants Co-operative

-Building Society Ltd., (XNC-747),

Represented by its President Mr.N.S.Kannan,

O/o. Directorate of Fisheries, 2^nd Floor,

DMS Campus, Teynampet,

Chennai – 600 018.

...Petitioner

Vs

1.The Secretary to Government,

Department of Housing and Urban Development,

Government of Tamilnadu,

Fort St.George, Chennai – 600 009.

2.The Registrar of Co-operative Societies (Housing),

No.50, Ritherdon Road,

Vepery, Chennai 600 007.

3.The Deputy Registrar of Co-operative Societies (Housing),

Chennai Region,

No.18, Ramanathan Street,

T.Nagar, Chennai – 600 017.

... Respondents

Prayer Writ Petition filed under Article 226 of the Constitution

of India, praying for the issuance of Writ of Certiorarified

Mandamus, calling for the records of the respondent No.3 in his

proceedings Na.Ka.No.983/2016/C dated 22.01.2018 as communicated

to the petitioner vide letter dated 01.10.2019 and quash the

same thereby direct the respondents No.2 and 3 to restore the

petitioner society back as per the representation of the

petitioner dated 05.12.2018.

For Petitioner : Mr.S.Senthilnathan

For Respondents: Mr.U.Baranidharan

Additional Government Pleader

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

ORDER

The petitioner has come out with the present Writ Petition

challenging the impugned proceedings dated 22.01.2018 in

Na.Ka.No.983/2016/C passed by the 3^rd respondent and to quash the

same and consequently for a direction to respondents 2 and 3, to

restore the petitioner Society back as per the representation of

the petitioner dated 05.12.2018.

2.According to the learned counsel appearing for the

petitioner, the petitioner Society was established in the year

1972 for the benefits of the Government servants to form layout

and allot house site to the Government servants at cheap rate

and without stamp duty. The Society has formed various housing

projects and totally 1160 members have purchased the property

and they have confidence in the Society. There were some

litigations especially in Perumbakkam housing site and Society

has taken both Civil and Criminal action against the landlords.

While so, a Special Officer was appointed for the Society and he

was in-charge for more than 10 years. Subsequently, election

was conducted and the Society has been functioning without any

problem. While so, the 3^rd respondent - the Deputy Registrar of

Co-operative Societies, without following the procedure

contemplated under Section 137 of the Tamilnadu Co-operative

Societies Act (hereinafter referred as 'the Act'), by order

dated 22.01.2018, ordered winding up of the Society. Even though

the respondent has ordered winding up on 22.01.2018, no action

was taken by the liquidator. The petitioner gave a

representation dated 05.12.2018 to recall the said impugned

order. The 3^rd respondent by the second impugned order dated

01.10.2019 rejected the same. Hence, the petitioner has come up

with the present Writ Petition challenging the impugned orders.

3.The learned counsel appearing for the petitioner

contended that the 3^rd respondent without there being any report

as per Sections 80 to 83 of the Act and without giving any

notice to the Society, ordered winding up, which is illegal. The

reason given by the 3^rd

respondent for rejecting the

representation of the petitioner is not valid and the impugned

order is illegal and prayed for setting aside the impugned

orders.

4.Mr.U.Baranidharan, learned Additional Government Pleader

produced the copy of the order dated 07.03.2022 passed by the 3^rd

respondent, cancelling the order of winding up dated 22.01.2018

and directing the liquidator to appoint a Committee to

administer