This writ petition has been filed, praying for a writ of Mandamus, to direct the respondents to return the original title deeds and the revenue records pertaining to the petitioner's house to the petitioner
2.Heard Mr.G.Radhakrishnan, learned counsel appearing on behalf of the petitioner and Mr.Pala Ramasamy, learned Special Government Pleader appearing on behalf of the first respondent and Mr.R.Ramadurai , learned counsel appearing on behalf of the second respondent.
3.By consent of all the parties, the writ petition is taken up for hearing and disposal.
4.It has been stated that the petitioner had obtained a loan of Rs.4,75,000/-from the second respondent Housing Society, for the purpose of constructing a house. Even though, the second respondent Housing Society had initially sanctioned an amount of Rs.2,90,000/-, as housing loan, in two instalments, only the first instalment of Rs.1,90,000/- had been paid to the petitioner, on 14.07.1999 and the second instalment of Rs.1,00,000/- had been paid, on 14.10.1999. However, the third and final instalment which should have been paid on or before June 2004, had not been paid. Therefore, the petitioner had preferred a petition before the District Consumer Forum, Madurai, in C.C.No.121 of 2004.
5.The District Consumer Forum, Madurai, by an order, dated 30.04.2008, had directed the second respondent Society to return the title deeds to the petitioner, within two months from the date of the said order. Challenging the said order, the second respondent had filed an appeal before the State Consumer Forum, Chennai. The said appeal had not been numbered, till date. In the meantime, the petitioner had filed an execution petition before the District Consumer Forum, Madurai, in E.P.No.7 of 2009, for implementing the order, dated 30.04.2008, passed by the said Forum. While so, the petitioner has preferred the present writ petition before this Court, under
Article 226 of Constitution of India.
6.In view of the averments made in the affidavit filed in support of the petition and in view of the submissions made by the learned counsel appearing on behalf of the second respondent, this Court is of the considered view that the present writ petition before this Court is not maintainable, since the petitioner had already preferred an execution petition before the District Consumer Forum, Madurai, to get back the title deeds from the second respondent. Having availed the alternate remedy provided under law, it is not open to the petitioner to come before this Court, by way of a writ petition, praying for the same relief. In such circumstances, the writ petition is liable to be dismissed.
7.Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also closed.
Cs To:
1.The Deputy Registrar, Madurai Cooperative Society (Housing), K.K.Nagar, Madurai - 625 020.
2.The Special Officer, A.2459 The Coats Viyella Employees & other Public Services Cooperative Housing Society, P.T.Rajan Road, Narimedu, Madurai - 625 002.