Madras High Court
S.Seni vs The City Civil Court At Chennai on 4 March, 2015
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.03.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM
W.P. No.34692 of 2014 &
M.P.No.1 of 2014
1.S.Seni
2.N.Rajan
3.T.V.Subba Reddy
4.G.Parasuraman
5.V.Krishnaswamy .. Petitioners
Vs.
1.The City Civil Court at Chennai
rep. By its Registrar
Chennai 600 104.
2.Ramalingam
3.N.Thirunavukkarasu
4.Radha Krishnan
5.Saraswathi Murugan
6.Easun Employees Co-operative Housing Society
NO.CGT/HSG 59,rep. By its President
7.The President
M/s Easun Employees Co-operative Housing Society
NO.CGT/HSG 59, Chennai.
8.The Vice President
M/s Easun Employees Co-operative Housing Society
NO.CGT/HSG 59, Chennai.
9.The Deputy Registrar
Co-operative (Housing) Society
No.18, Varadhanar Street
Vedachalam Nagar, Chenglepet 603 001.
10.The Registrar
Co-operative (Housing) Society
Nandanam, Chennai 600 018.
11.The CMDA
No.1, Gandhi Irwin Road
Egmore, Chennai 600 008. .. Respondents
PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of certiorarified prohibition to call for the records and quash the adjudication consequent to usurping of jurisdiction in O.S.No.2563 of 2014 (on the file of VIII Asst. City Civil Court) and by Prohibiting the first respondent from any further adjudication in O.S.No.2563 of 2014 (on the file of VIII Asst. City Civil Court) as the subject matter has become coram non judice.
For Petitioners : Mr.Umesh Rao K
For Respondents : Mr.M.Baskar - R1
Mr.P.B.Balaji R2 to R5
Mr.J.Ram R6, R7 & R8
Mr.L.P.Shanmugasundaram -R9 & R10
Spl. Govt. Pleader
Mr.A.Kumar - R11
O R D E R
By consent of the learned counsel on either side, the writ petition is taken up for final disposal.
2.Heard Mr.Umesh Rao K, learned Counsel appearing for the petitioners, Mr.M.Baskar, learned counsel appearing for the first respondent, Mr.P.B.Balaji, learned counsel appearing for the respondents 2 to 5, Mr.J.Ram, learned counsel appearing for R6, R7 & R8, and Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for R9 & R10 and Mr.A.Kumar, learned counsel appearing for the 11th respondent.
3.The petitioner has come forward with this Writ Petition for quashing the adjudication consequent to usurping of jurisdiction in O.S.No.2563 of 2014 (on the file of VIII Asst. City Civil Court) and to Prohibit the first respondent from any further adjudication in O.S.No.2563 of 2014 (on the file of VIII Asst. City Civil Court) as the subject matter has become coram non judice.
4.The petitioner seek for the above relief on the ground that the Civil Court has got no jurisdiction to adjudicate the matter,since the matter pertains to the internal administration of the Society, which has been registered under the provisions of the Tamil Nadu Co-operative Societies Act.
5.It is seen that an identical dispute arose earlier in the very same Society and the member of the Society, filed a Writ Petition before this Court in W.P.No.32772 of 2013, praying for a direction to the Deputy Registrar (Housing), Chengalpet, to consider their representation for holding enquiry into the matter. This Court by an order dated 29.11.2013, disposed of the said Writ Petition by recording the submissions of the learned Government Advocate that the Deputy Registrar has already taken up the matter and fixed the date for conducting enquiry.
6.In the instant case the dispute pertains to the affairs of the Society, which is registered under the provisions of the Tamil Nadu Co-operative Societies Act. Admittedly, the provisions of the Tamil Nadu Co-operative Societies Act, is a complete code by itself and it provides for hierarchy of remedies for parties aggrieved by various decisions. Therefore, the petitioners should necessarily avail the remedy available under the Act, without resorting to the Civil Forum.
7.In the light of the above, liberty is granted to the petitioners to approach the Deputy Registrar of Co-operative (Housing) Society. If any application is filed, the Deputy Registrar of Co-operative (Housing) Society, shall issue notice to the petitioners and also to respondents 2 to 5, hear the parties and decide the dispute on merits and in accordance with law.
The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.
04.03.2015 rpa To
1.The City Civil Court at Chennai rep. By its Registrar, Chennai 600 104.
2.The Deputy Registrar Co-operative (Housing) Society No.18, Varadhanar Street Vedachalam Nagar, Chenglepet 603 001.
3.The Registrar Co-operative (Housing) Society Nandanam, Chennai 600 018.
4.The CMDA No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
T.S.SIVAGNANAM.J, rpa W.P. No.34692 of 2014 04.03.2015 W.P.No.34692 of 2014 T.S.SIVAGNANAM, J.
This matter came up for hearing today under the caption 'For Being Mentioned to' at the instance of the counsel for the petitioner.
2.It has been brought to the notice of this Court that due to typographical error, in the order dated 04.03.2015, in the first line of paragraph No.7, instead of mentioning 'liberty is granted to the respondents 2 to 5, it has been mentioned as 'petitioners' and requested for correcting the said mistake.
3.Accordingly, in the first line of paragraph No.7 of the order dated 04.03.2015, in the above writ petition, the same shall be read as read as 'respondents 2 to 5 and further, the Deputy Registrar of Co-operative (Housing) Society, shall issue notice to the petitioners, the respondents 2 to 5 and to all the members of the Society.
4.Registry is directed to issue the fresh order copy after incorporating the above corrections in the order dated 04.03.2015.
Rpa 10.04.2015
Note:Issue order
copy forthwith