1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.3671 of 2011 and M.P.(MD)No.1 of 2011 S.Mohan ... Petitioner Vs. 1.The Regisrar, (Housing) Co-operative House Building Society, Registrar Office, No.22, 4th Prathana Road, Gandhi Nagar, Adaiyaru, Chennai – 20. 2.The Senior Inspector / Secretary, A-1321, Karaikudi Co-operative House Building Society Ltd., Karaikudi, Sivagangai District. 3.K.Umaiyal ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 08.03.2011. For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.M.Govindan (For R1 and R2) Spl.Govt.Pleader For Respondent-3 : Mr.M.Mohmed Ibrahim Saibu O R D E R The petitioner is the member of the second respondent Co- operative Housing Building Society at Karaikudi. In this writ petition, the petitioner seeks for a direction to the second respondent to consider his representation, dated 08.03.2011. Such a direction can never be issued in the light of the Larger Bench Judgment of this Courtin (K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal-636 001 and another) reported in (2006 (4) CTC 689). Notwithstanding the fact, notice regarding admission was granted on 29.03.2011. 2. On notice from this Court, the respondents have filed a counter affidavit, dated 25.07.2011. In the counter affidavit it is stated that if any dispute between member and member or member and Society only arbitration proceedings can be initiated before the Deputy Registrar. Apart from that, on the merits of the case it is also stated that the petitioner has violated the by-law of the Society inasmuch as he was not eligible for allotment, as he is residing outside the https://hcservices.ecourts.gov.in/hcservices/ 2 territorial jurisdiction of the Society. In any event, this Court is not inclined to go into the merits of the case, as the maintainability of the writ petition itself is doubtful in the light of the larger bench judgment. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. 3. However, the dismissal of the writ petition will not prevent the petitioner from availing such remedy, as are open to him in law. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To 1.The Regisrar, (Housing) Co-operative House Building Society, Registrar Office, No.22, 4th Prathana Road, Gandhi Nagar, Adaiyaru, Chennai – 20. 2.The Senior Inspector / Secretary, A-1321, Karaikudi Co-operative House Building Society Ltd., Karaikudi, Sivagangai District. Mpk SR : 08.11.2011 : 2p/3c W.P.(MD)No.3671 of 2011 19.10.2011 https://hcservices.ecourts.gov.in/hcservices/