IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.Nos.14044 & 14046 of 2024 S.Vijayarani ..Petitioner(s)

Vs

1. The Secretary To Government, Housing And Urban Development Department Secretariat, Chennai 600 009.

2. The Registrar Of Co-operative Societies (housing)

No 48 Ritherdon Road Vepery Chennai 600 007. 3. The President, Tamil Nadu Secretariat Staff Co-operative (housing) Societiy Limited (mds /hsg / 179)

Plot No 176 Secretarit Colony Okkiyam Thoraipakkam Chennai 600 097.

..Respondent(s)

Prayer : Petition filed under Article 226 of the Constitution praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order issued by the 1st Respondent in G.O (3D) No. 7 Housing and Urban Development (HCS.2) Department dated 27.02.2024 and quash the same and consequently to direct the 3rd Respondent to register the sale deed for the Plot No.36 already allotted to the Petitioner in the year 2006 and having received the full consideration amount from the Petitioner in the year 2006 itself, within a reasonable period as may be fixed by this Honourable Court For Petitioner(s): Mr.S.N.Ravichandran For Respondent(s): Mr.M.R.Gokul Krishnan, Additional Government Pleader for RR-1 & 2 Mr.T.K.Saravanan, Government Advocate for R-3

ORDER

The present Writ Petition has been filed challenging the order passed by the 1^st respondent confirming the concurrent findings of the 2^nd and 3^rd respondents in respect of cancellation of allotment made in favour of the petitioner under Okkiam Thoraipakkam Scheme.

2. The petitioner is working as Section Officer in the Rural Development and Panchayat Raj Department and is a member of the Tamil Nadu Secretariat Staff Co-operative (Housing) Society Ltd. Pursuant to her application for membership and also for allotment of house site in the Tamil Nadu Secretariat Staff Co-operative (Housing) Society Ltd under Okkiam Thoraipakkam Scheme, she was allotted Plot No.36 measuring an extent of about 1530 sq.ft for a sale consideration of Rs.40,200/- under Okkiam Thoraipakkam Scheme vide allotment letter dated 02.02.2007. Subsequently, the said allotment was cancelled by proceedings dated 17.03.2014 on the ground that the petitioner had already obtained an allotment of plot No.118 in the Madambakkam village in 1999 from another co-operative society. As against the said cancellation, the petitioner preferred an appeal before the Registrar of Co-operative Societies Act, 1983 which was dismissed by order dated 09.12.2015 against which, revision petition was filed by the petitioner before the 1^st respondent pursuant to which, the present impugned order has come to be passed confirming the concurrent findings of the 2^nd and 3^rd respondent. Aggrieved by which, the petitioner has come forward with the present Writ Petition.

3. Learned counsel appearing for the petitioner submitted that the impugned order is non-est in law has the same has been passed without considering the declaration made by the petitioner as to the effect that the petitioner do not have any plot in her name or in the name of her husband at the time of applying for allotment of house sites. It is further submitted that the respondents have failed to consider the fact that 168 similarly placed persons had also been allotted plots but no action had been taken against them whereas the allotment made in favour of the petitioner alone was cancelled which is patently illegal and arbitrary. Accordingly, he prayed for allowing the Writ Petition.

4. Learned Additional Government Pleader appearing for the respondents submitted that the respondent society is registered under the Co-operative Societies Registration Act and is governed by its bye-laws. As per clause 46(1) (e) of the Bye-laws of the society, an applicant must declare that he/she does not possess any plot or house either in his/her name or in the name of his/her spouse or children anywhere in the State of Tamil N