LAWS(MAD)-2011-4-185

R BAKTHAVATCHALU Vs. REGISTRAR OF COOPERATIVE SOCIETIES HOUSING

Decided On April 26, 2011
R.BAKTHAVATCHALU Appellant
V/S
REGISTRAR OF COOPERATIVE Respondents

JUDGEMENT

(1.) THE petitioners in these three writ petitions were either employees or ex-employees of the State Express Transport Corporation. THEy are the members of TTC Employees Cooperative Housing Building Society. THE said society had introduced an housing scheme and promised its members that they will allot 1800 sq.ft of lands at the rate of Rs.50000/-. THErefore, advances were taken from the Employees Provident Fund accumulation of each of petitioners and retained by the society.

(2.) DURING the year 1998, the office bearers of the said society had purchased certain lands in Thirukkatchur and Vinchiambakkam villages to be developed as Singaperumalkoil Housing Scheme. Even though certain lands were purchased in those two villages under different parcels, they were not allotted to the members of the society including petitioners. Therefore, one such member by name R.Bakthavatchalu (who is also the petitioner in W.P.No.26400 of 2009) had filed a writ petition before this Court being W.P.No.5789 of 2006 seeking for a direction to the respondents to allot housing plots under the scheme framed by them or in alternative to repay the amount deducted from their employees provident fund accumulation.

(3.) THE order passed by the said officer is contemptuous and that he had no right to draw any inspiration or get source of power from the order passed by this Court. On the other hand, this court had only directed the petitioner to make a detailed representation which was directed to be considered in accordance with law. As could be seen from the prayer made by the said Bakthavatchalu, he wanted either plots to be registered in his name or refund of the amount paid by him drawn from the PF accumulation. If for some reasons the lands purchased by the then Board of Directors, who were subsequently facing criminal action for their commissions and omissions and the land is not conducive for any housing development, the Registrar of Cooperative Societies (Housing) had an option to return the amounts with appropriate compensation. THEreafter getting inspiration from the said order, the petitioner R.Bakthavatchalu filed W.P.No.26400 of 2009 after sending a legal notice.