LAWS(MAD)-2010-6-467

CHURCH OF SOUTH INDIA TRUST ASSOCIATION, A RAJAVELU CHURCH OF SOUTH INDIA Vs. SPECIAL OFFICER, CMCH EMPLOYEES COOP HOUSING SOCIETY; A R RAJASEKARAN

Decided On June 08, 2010
Church Of South India Trust Association, A Rajavelu Church Of South India Appellant
V/S
Special Officer, Cmch Employees Coop Housing Society; A R Rajasekaran Respondents

JUDGEMENT

(1.) The petitioner is the Church of South India Trust Association, represented by its Secretary. The petitioner has come forward to challenge the order of the first respondent, dated 10.10.2007 and seeks to set aside the same. By the impugned order, the first respondent informed the petitioner that the order passed by the Deputy Registrar (Housing) in arbitration dispute No. 1 of 2005-2006, dated 18.08.2006 was declared as illegal and the petitioner Society was directed to return the land to the extent of 13080 sq.feet, which they had obtained as a gift from the third respondent Cooperative housing society and that the second respondent was directed to take steps to recover those properties.

(2.) The writ petition was admitted on 22.4.2008. Pending the writ petition, this Court granted an interim stay. After notice to the respondents, on behalf of first and second respondents, a counter affidavit dated 10.6.2008 was filed. On behalf of the third respondent society, a counter affidavit, dated 10.6.2008 was also filed. On behalf of the fourth respondent, a detailed counter affidavit, dated 29.12.2009 was also filed.

(3.) The facts leading to the case are as follows: