:Madras High Court lambasted officials of a Cooperative Housing Society at Coimbatore and recommended disciplinary action against the Registrars of Co-operative Societies there for not issuing rectification deeds to members who bought plots in 1982 after full payment.
Observing that the case projects the plight of innocent purchasers who bought small housing plots in a layout there, Justice T S Sivagnanam said that the Secretary to government, Housing and Urban Development Department, should take note of why the Registrar Co-operative Societies (Housing) had not issued any direction in spite of repeated communications by Special Government Pleader, inlcuding one on April 17 2015.
"It is a fit case where disciplinary action has to be initiated against the Deputy Registrar,Co-operative Societies, Coimbatore and Co operative Sub Registrar(H)/official Liquidator Sri Venkateswara Coop. Building Society Limited, Coimbatore," he said.
The judge noted that though the petitioners had paid the entire amount and sale deeds were executed in their favour in 1982, they had not got their plots till date nor rectification in sale deeds, giving the correct boundaries.
The three had purchased plots from the society, which had purchased 4.23 acres in Sowripalayam village.When the society tried to buy 12.59 acres near it, the land ceiling authority took steps to acquire it under the Urban Land Ceiling Act.
The society then moved court, which transferred it to the Tamil Nadu Special Land Reforms Appellate Tribunal,who ordered issue of pattas. They wrote to Assistant Commissioner of the Municipal Corporation on Aug 5 2009 to regularise the residential layout, saying the previous plan was modified and presented for approval with fees. This was pending from 2009.
It was in this connection that the petitioners moved HC for a direction to the society and Deputy Registrar to execute a proper sale deed in their favour as per the revised plan.
Earlier when the petitions came up, the HC had directed them to approach the Co-operative Sub Registrar,/official Liquidator of the society and to the Sub Registrar to pass suitable orders as per law as expeditiously as possible.But when nothing came of it, the petitioners again moved court.
The judge said the Sub Registrar had misconstrued the scope of the order, amounting to wilful disobedience and was liable for contempt of court. But the HC said it would not do so now as it was concerned about the petitioners' plight.
The judge also said the Government pleader had not been apprised of the situation.
He then directed the HC Registry to forward a copy of his order to Secretary to Government,Housing and Urban Development Department, Chennai, for appropriate action against them.
The judge then directed the two officials to issue the rectified sale deeds within four weeks.
