IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 22-03-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.23902 of 2006 S.Murugan .. Petitioner Versus 1. The Registrar of Co-operative Societies (Housing), 4th Main Road, Gandhi Nagar, Adyar, Chennai-600 020. 2. The Deputy Registrar of Co-operative Societies (Housing), Tirunelveli Region, Tirunelveli-2. 3. The Special Officer, The Sattankulam Taluk Co-operative Housing Society Ltd., TNV-HSG 26, Sattankulam. .. Respondents Prayer: Petition filed seeking for a Writ of Certiorari to call for the records in pursuant to the impugned order passed by the third respondent in proceeding Na.Ka.No.2/2006, dated 20.7.2006 and quash the same. For Petitioner : Mr.S.M.Subramanian For Respondents : Mr.P.Muthukumar Government Advocate (R1 & R2) Mr.R.Loganathan (R3) O R D E R 1. Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. At this stage of the hearing of the writ petition the learned counsel appearing on behalf of the respondents had submitted that the writ petition is not maintainable in view of the decision of the https://hcservices.ecourts.gov.in/hcservices/ larger bench of this Court, made in K.Marappan Vs. Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal and another (2006(4) CTC 689), as the order under challenge in the present writ petition, dated 20.7.2006, has been passed by the third respondent, the Special Officer, Sattankulam Taluk Co-operative Housing Society Limited. 3. The learned counsel appearing on behalf of the petitioner had not refuted the said submission made by the learned counsel appearing on behalf of the respondents. Hence, the writ petition stands dismissed. However, it is noted that the impugned order of the third respondent, dated 20.7.2006, had not been given effect to, as this Court had granted an order of interim stay of the operation of the said order, on 27.7.2006, in M.P.No.1 of 2006. The said order had also been made absolute, by an order, dated 18.12.2009. 5. In such circumstances, this Court finds it appropriate to permit the petitioner to challenge the impugned order of the third respondent, dated 20.7.2006, before the appropriate authority or forum, in the manner known to law, within a period of four weeks from the date of receipt of a copy of this order. Till the petitioner moves the appropriate forum or authority, as permitted by this Court the impugned order, dated 20.7.2006, shall not be given effect to by the third respondent. Further, it would be open to the petitioner to pray for an interim stay of the impugned order, dated 20.7.2006, before the authority or forum concerned, while challenging the said order. On the petitioner making such a prayer, it is for the authority concerned to consider the same and pass appropriate orders thereon before passing final orders. No costs. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar csh To 1. The Registrar of Co-operative Societies (Housing), 4th Main Road, Gandhi Nagar, Adyar, Chennai-600 020. 2. The Deputy Registrar of Co-operative Societies (Housing), Tirunelveli Region, Tirunelveli-2. https://hcservices.ecourts.gov.in/hcservices/ 3. The Special Officer, The Sattankulam Taluk Co-operative Housing Society Ltd., TNV-HSG 26, Sattankulam. 1 cc To Mr.S.M.Subramaniam, Advocate, SR.20845. 1 cc To The Government Pleader, SR.20738. Writ Petition Nos.23902 of 2006 KJ(CO) RVL 04.07.2011 https://hcservices.ecourts.gov.in/hcservices/