S. Murugan vs The Registrar of Co-operative Societies (Housing), The Deputy Registrar of Co-operative Societies (Housing) and The Special Officer, The Sattankulam Taluk Co-operative Housing Society Ltd.

M. Jaichandren, J.—Heard the learned Counsel appearing for the Petitioner and the learned Counsels appearing for the Respondents.

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 larger bench of this Court, made in K. Marappan Vs. The Deputy Registrar of Co-operative

Societies and The Special Officer, Vattur Co-operative Agricultural Bank, , 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.

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.

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.