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2025 Supreme(Online)(Mad) 74193

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SURESH KUMAR
C.SANTHOSH – Appellant
Versus
J.BABU – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.08.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE P.DHANABAL C.M.P.Nos.19633, 19635, 19643, 19644, 19645, 19646, 19652 & 19654 of

2025 in W.A.SR.Nos.109679, 109680, 109707, 109708, 109682, 109681, 109709 &

109706 of 2025 C.Santhosh ... Petitioner in C.M.P.No.19633 of 2025 G.Sarath Kumar ... Petitioner in C.M.P.No.19635 of 2025 D.Vijayalakshmi ... Petitioner in C.M.P.No.19643 of 2025 D.Deepa ... Petitioner in C.M.P.No.19644 of 2025 Gomathi ... Petitioner in C.M.P.No.19645 of 2025 Brindha ... Petitioner in C.M.P.No.19646 of 2025 Sivakumar Raja ... Petitioner in C.M.P.No.19652 of 2025 R.Amutha ... Petitioner in C.M.P.No.19654 of 2025 -Vs-

1. J.Babu

2. The State of Tamil Nadu, Represented by Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

3. The Registrar of Co-operative Societies (Housing), No.48, 4th Floor, Co-operative Housing Federation Building, Ritherdon Road, Vepery, Chennai - 600 007.

4. The Deputy Registrar of Co-operative Societies (Housing), No.18, Ramanathan Street, T.Nagar, Chennai - 600 017.

5. The Principal Accountant General (Audit-II), Lekha Pariksha Bhavan, No.361 Anna Salai, Chennai - 600 018.

6. The Tamil Nadu Accountant General Office, Staff Co-operative Building Society Ltd X-437, Represented by Administrative Officer, Office of the Deputy Registrar of Co-operative Societies (Housing), No.18, Ramanathan Street, T.Nagar, Chennai - 600 017. ... Respondents in all petitions COMMON PRAYER : Petitions filed under Section 151 of CPC, to grant leave to the petitioners to prefer writ appeals against the order dated 21.02.2025 passed in W.P.No.37146 of 2024.

For Petitioners : Mr.K.Azhagu Raman in all petitions For Respondents : Mr.P.Ananda Kumar in all petitions Government Advocate for R2 Mrs.M.Geetha Thamaraiselvan Special Government Pleader for R3 & R4

C O M M O N O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.)

Under these civil miscellaneous petitions, the respective petitioners sought for leave as third parties to file intra-Court appeals against the order passed by the writ Court in W.P.No.37146 of 2024 dated 21.02.2025.

2. Heard Mr.K.Azhagu Raman, learned counsel appearing for the petitioners in all these petitions.

3. It seems that, the sixth respondent herein was a Co-operative Building Society, it sold out some plots and in this context, the first respondent being the erstwhile president of the sixth respondent Society had approached this Court and filed the writ petition making an allegation that, though he got relieved from the Presidentship of the sixth respondent, still in his name, sale transaction had been taken place and registration had been made, therefore those transactions must be a fake one or fraudulent one, therefore, in order to unearth the truth and to take a remedial action, he sought a writ of mandamus in the said writ petition, which in fact was allowed as the enquiry has already been conducted by the fourth respondent and he found that, those transactions are fake transactions. Therefore, the learned Judge, through the order, dated 21.02.2025 directed the official respondent to act upon pursuant to the enquiry officer's report.

4. Felt aggrieved over the said order, the present petitioners who are the third parties claiming to be the subsequent purchasers of the house plots or residential plots had approached this Court seeking for a third party leave to challenge the order of the writ Court dated 21.02.2025.

5. We have gone through the documents which were produced before this Court and have gone through the order of the writ Court dated 21.02.2025 made in W.P.No.37146 of 2024.

6. If at all there had been any fraudulent transactions taken place and in order to unearth the truth, if enquiry has been conducted and the enquiry officer found that, such transaction was a fraudulent one or fake one, naturally a remedial action has to be taken place which alon

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