S.MARUTHAN Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) This writ appeal is directed against the order of the learned single Judge passed in W.P.(MD).No.7993 of 2008, dated 18.02.2016.

(2.) The first respondent was allotted a house plot bearing No.B161 by an allotment order, dated 23.06.1985, on a condition that the allottee shall put up a house within a period of two years. A sale deed in favour of the appellant was executed by the society on 09.01.1986, however, the sale deed was cancelled on 19.01.1994. Immediately, the society allotted the plot in favour of the 4th respondent, The order of cancellation was challenged before the Deputy Registrar of Co-operative Societies, Virudhunagar, in the year of 2002. The Deputy Registrar, after enquiry, allowed the application and set aside the order of cancellation of the plot made in favour of the appellant. The order of the Deputy Registrar was challenged before the Registrar of Societies by way of Revision. The Registrar allowed the Revision on 29.05.2008 and set aside the order of the Deputy Registrar. Assailing the same, the appellant filed a writ petition in W.P.(MD).No.7993 of 2008. The learned single Judge dismissed the writ petition on 18.02.2016. Aggrieved over the same, the present writ appeal has been filed.

(3.) Mr.R.Aravindan, learned counsel for the appellant, would submit that after execution of the sale deed in favour of the appellant, the society has not vested with any power of cancellation that too made without any notice to the allottee. The learned counsel has relied upon the judgment of this Court in Latif Estate Line India Ltd., Vs. Hadeeja Ammal, reported in 2011 (2) CTC 1.