Writ of mandamus
Ria
(Querist) 23 September 2010
This query is : Resolved
Respected experts,
1) Can a writ of Mandamus be filed against the secretary of co-operative housing society if he refuses to carry out the repairs within the society.
2) And can a writ of mandamus be filed against registrar of co-operative housing society if he does take action my complaint against the errant society office bearers
Khaleel Ahmed Mohammed
(Expert) 23 September 2010
You are advised hereby to file a complaint in Consumer forum. Your problem is purely related to consumer law.
Uma parameswaran
(Expert) 23 September 2010
You have to give a reprsentation to the Registrar and if Registrar is not taking action you can move WRIT.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 September 2010
You want to use a machine gun to kill a fly.
Why writ , there are many civil and criminal options at local level.
And above all society means members so what other members doing , if they do not support you nothing can be done.
If they support you throw out the office bearers and elect new ones.
c n vittal rao
(Expert) 24 September 2010
1.NO
2.NO
Writ jurisdiction is an exceptional remedy it is not exerciseable as a first recourse also most writs lie agianst the government or its agencies ex cept HABEAS CORPUS ascertain who has the first juridiction to hear your complaint redress it take it from their to its logical (possible) conclusion
Vijyant Nigam (09807349001)
(Expert) 24 September 2010
first u'll have to read the bye-laws of the society.
moreover there is a provision of filing of arbitration case for settling the disputes between the member and the management under section 70 of the co-operative societies act, 1965 which is to be filed before the registrar co-operative societies and first u'll have to exhaust the said remedy before moving towards high court. furthermore the said arbitration suit will be in the manner as prescribed in rule 225 of the co-cop soc rules, 1968.
complaint before the registrar housing society is not the correct procedure for obtaining legal remedies.
thanks and regards
