Jennifer Hazel Johns v. The Secretary

O R D E R This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to cancel the mortgage with respect to the subject property by considering the representation made by the petitioner on 02.03.2021.

2.The case of the petitioner is that the father-in-law of the petitioner had taken a loan from the second respondent Society and the entire loan was also repaid back. The further case of the petitioner is that the father-in-law had executed a Will in favour of the husband of the petitioner and on demise of the father-in-law, the husband of the petitioner has inherited the property. Thereafter, the husband of the petitioner died in the year 2009 and the petitioner claims to be his legal heir. The petitioner made a representation to the respondents to cancel the mortgage by considering the representation dated 02.03.2021. Since the same was not considered, the present Writ Petition has been filed before this Court.

3.The first respondent has filed a counter affidavit and the relevant portions of the counter are extracted hereunder: "7.It is respectfully submitted that the petitioner has concealed the facts to suit her case. On 17.06.2014, the petitioner made an application before the District Collector, Tirunelveli under to Right to Information Act, 2006. The contents of the application is "vd;Dila khkdhh; fle;j

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[hd;Rk; thpRfshth;. ,e;epiapy; 26.12.2010y; vd;Dila khkpahUk; ,we;J tpl;lhh;. gpd;dh; vd;Dila kr;rhd; fle;j 08.01.2009y; mtUk; ,we;J tpLfpwhh;. mjd; gpd; 08.06.2012y; vd;Dila fztUk; ,we;J tpl;lhh;. Nkw;fz;l nrhj;Jf;F Nkw;gbahhpd; ,uz;lhtJ kfdhd N[hrg; [hd;rpd; thhpRfshf N[hrg; [hd;rpd; 43 taJs;s kidtp> 22 taJs;s epf;fy; [hd;];> kfd; 15 taJs;s ePJ [hd;]; Mfpa %tUk; thhprhf cs;Nshk;. vd; fzthpd; mz;zDk; vdf;F kr;rhDkhfpa jpU.gpNuk; Fkhh; [hd;]; mth;fs; ,we;j gpd; mtUf;F thhprhf Nkw;gbahhpd; kidtp 53 taJs;s [hdpgh; N`rpy; [hd;];> 29 taJs;s kfs; bkpj;bf;rp [hd;];> 18 taJs;s kfs; <dj;rpe;jpah [hd;]; Nkw;fz;l MW NgUk; thhprhf cs;s epiyapy; ehq;fs; tPughF efh; $l;LwT tPl;L trjp rq;fk; 0.2056y; cs;sth;fsis mZfp tptuk; Nfl;l NghJ ve;j gjpYk; $whkYk; Nkw;fz;lthfs; vq;fis Vkhw;wp tUfpwhh;fs;. MfNt r%fk; ma;ah mth;fs; thhpRjhuh;fshfpa ehq;fs; midtUk; ve;j mjpfhhpaplk; vq;fSf;F jgrpy; fz;l nrhj;ij fpua gj;jpuk; thq;f Ntz;Lk; vd;w tpguKk; ,J rk;ge;jg;gl;l mYtyf KO tpyhrKk; 2005 Right Information act d; gb vdf;F toq;f Ntz;L mjw;F cz;lhd kD fl;lzkhf...." The above application was forwarded to this Respondent and information sought was replied with. The Petitioner made the above application including the legal heirs of the 2nd son of Dr.J.W.Johs. On 08.06.2021, Mr.Joseph Johns, 2nd son of Dr.J.W.Johns passed away. Mr.Joseph Johns left behind his wife 1)Pescilia Johsn 2)Nikkil Johns and 3)Neethu Johns. Whereas, the petitioner now claims whole right over the property.

8.It is respectfully submitted that as the legal heirs of Dr.J.W.Johns is also no more, and the WILL has not conveyed entire property as per the Petitioner's claim. It would be appropriate for the Petitioner to approach the appropriate legal forum to establish her claim. It is observed from the records that the Petitioner has already made an application under RTI Act accepting the Legal heirs of Mr.Joseph Johns having the right on the property. The Petitioner has not impleaded legal heirs of Mr.Joseph Johns as a necessary party in the Writ petition."

4.In the light of the above stand taken by the first respondent, the relief sought for by the petitioner cannot be granted by this Court. The first respondent is questioning the claim made through the Will and this disputed question cannot be decided in a Writ Petition. It is always left open to the petitioner to file appropriate application under Section 90 of the Cooperative Societies Act and workout her remedy before the Registrar. Except giving this liberty, no further orders can be passed in this Writ Petition.

5.This Writ Petition is disposed in the above terms. No costs.

Index :Yes / No

17.10.2023 Internet :Yes NCC : Yes/No cmr

N.ANAND VENKATESH, J.

cmr

17.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Jennifer Hazel Johns ... Petitioner vs. 1.The Secretary, The Pettai Cooperative House Construction Society Ltd., O.2056, Veerabahu Nagar, Pettai, Tirunelveli District -4. 2.The President, The Pettai Cooperative House Construction Society Ltd., O.2056, Veerabahu Nagar, Pettai, Tirunelveli District -4. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to cancel the mortgage the Plot No. C-35A, Veerapahu Nagar, Pettai, Tirunelveli District by considering the petitioner's representation dated 02.03.2021. For Petitioner :Mr.R.Saravanan For Respondents :Mr.H.Mohamed Imran for M/s.Ajmal Associates *****