Madras High Court
The Madras Journalists Co-Operative vs R.Eswar ... First on 24 June, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Review Application Nos.63, 64 and 124 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Review Application Nos.63, 64 and 124 of 2022
and C.M.P.No.5179 of 2022
The Madras Journalists Co-operative
Housing Society Ltd.,
Rep by its President,
Park Area, Srinivasapuram,
Thiruvanmiyur,
Chennai – 600 041. ... Petitioner in all Rev. Appls.
Vs.
1. R.Eswar ... First respondent in
Rev.Appl.Nos.63 & 124 of 2022
1. V.Manimaran ... First respondent in
Rev.Appl.Nos.64 of 2022
2. The Registrar of Cooperative
Societies (Housing),
TNHB Buildings,
493, Anna Salai,
Nandanam,
Chennai – 600 03.
3. The Deputy Registrar of Cooperative
Societies (Housing),
Chennai Region, 28, Ramanathan Street,
T.Nagar, Chennai – 600 017.
... Respondents 2& 3 in all Rev. Appls.
https://www.mhc.tn.gov.in/judis
Page 1 of 6
Review Application Nos.63, 64 and 124 of 2022
Common Prayer in Rev. Appl.Nos.63 & 64 of 2022 : The Petitions are filed
under Order XLVII Rule-1 r/w Section 114 of Code of Civil Procedure, to
review the order dated 02.11.2021 passed in C.R.P.Nos.2705 & 3923 of 2016
respectively, passed by this Court by allowing these review applications.
Prayer in Rev. Appl.No.124 of 2022 : The Petition is filed under Order XLVII
Rule-1 r/w Section 114 of Code of Civil Procedure, to review the order dated
02.11.2021 passed in C.M.P.No.13213 of 2021 in C.R.P.Nos.2705 of 2016,
passed by this Court by allowing this review application.
For Petitioner
in all Rev.Applns : Mr.P.Anbarasan
COMMON ORDER
All the petitions have been filed to review the orders dated 02.11.2021 passed by this Court in C.R.P.Nos.2705 & 3923 of 2016 and in C.M.P.No.13213 of 2021 in C.R.P.Nos.2705 of 2016.
2. The petitioner is Society registered under the Tamil Nadu Cooperative Societies Act, 1983 (herein after called as “the Act”), which was formed by the journalists with the sole objective to cater to the urgent need of journalists to acquire house sites from the Government to lay out lands and develop house sites for distribution amongst the members of the society and to https://www.mhc.tn.gov.in/judis Page 2 of 6 Review Application Nos.63, 64 and 124 of 2022 construct buildings among other objectives. Further, the petitioner Society purchased the land measuring 5.50 acres in Thiruvanmiyur, sponsored a layout and also allotted the plots to the members. The petitioner Society also raised a housing loan of Rs.360 lakhs from the Ind Bank Housing besides obtaining a grant of Rs.51.28 lakhs from the Government and constructed 112 houses and 24 flats.
3. Further, the petitioner Society allotted the plots to the first respondent in all the cases and also sanctioned loan to them, on conditions that it should be repaid at the rate of interest of 1% over and above the rate charged by the Ind Bank Housing against the petitioner Society. However, the first respondent failed to repay the loan installments regularly and accumulated the dues. It also came to be found that the first respondent in Rev.Appl.No.63 & 124 of 2022 had obtained the allotment fraudulently, without disclosed the fact that, there was a house in the name of his spouse. Therefore, the Petitioner Society canceled the allotment of the plots and issued orders dated 09.10.2014 & 07.04.2015 respectively.
4. As against the said orders the first respondent in all the cases viz., R.Eswar & V.Manimaran filed suit in O.S.Nos.6547 of 2014 & 5402 of 2015 https://www.mhc.tn.gov.in/judis Page 3 of 6 Review Application Nos.63, 64 and 124 of 2022 respectively before the learned VI Assistant Judge, City Civil Court, Chennai. In the said suits, the petitioner Society filed petitions in I.A.No.19316 of 2014 and 15986 of 2015 respectively, to reject the plaints. The trial Court dismissed both the petition as against which, the petitioner Society filed Civil Revision Petitions before this Court in CRP.Nos.2705 of 2015 & 3923 of 2016. Though initially this Court allowed both the civil revision petitions, thereafter by an order dated 02.11.2021, the same was recalled and dismissed both the Civil Revision Petitions. To review the said order, the present Revision Applications have been filed by the petitioner Society.
5. While dismissing the Civil Revision Petitions, this Court categorically observed that there are specific allegations of fraud, misappropriation of records against the petitioner Society and therefore, these kind of disputes cannot be adjudicated under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983. Further no award or order had been passed by any authority as enumerated under Section 156 of the Act and the petitioner Society cannot function as Arbitrator or Registrar. Therefore, the suit is not barred by any law and the Court below rightly dismissed the petitions seeking rejection of plaints.
https://www.mhc.tn.gov.in/judis Page 4 of 6 Review Application Nos.63, 64 and 124 of 2022
6. This Court finds no apparent error on the face of records as such the petitioner failed to make any ground to review the order passed by this Court. Considering the above facts and circumstances, this Court finds no merits in these Review Applications to review the orders dated 02.11.2021 passed by this Court in C.R.P.Nos.2705 & 3923 of 2016 and in C.M.P.No.13213 of 2021 in C.R.P.Nos.2705 of 2016.
7. Accordingly, all the Review Applications are dismissed. Consequently, connected miscellaneous petition is closed.
15.07.2022
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
Page 5 of 6
Review Application Nos.63, 64 and 124 of 2022 G.K.ILANTHIRAIYAN, J.
rts
1. The VI Assistant Judge, City Civil Court, Chennai.
2. The Registrar of Cooperative Societies (Housing), TNHB Buildings, 493, Anna Salai, Nandanam, Chennai – 600 03.
3. The Deputy Registrar of Cooperative Societies (Housing), Chennai Region, 28, Ramanathan Street, T.Nagar, Chennai – 600 017.
Review Application Nos.63, 64 & 124 of 2022 and C.M.P.No.5179 of 2022 15.07.2022 https://www.mhc.tn.gov.in/judis Page 6 of 6