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Madras HC stumbles on rampant land sale fraud in cooperative societies

Slamming frauds in cooperative societies, the place top rate lands are offered off for a tune via elected office-bearers and workforce members, Madras excessive courtroom has ordered a thorough audit of all sale transactions of all societies in the state.

Justice N Anand Venkatesh disregarded a petition filed by using R V Shanmuganandam who sought a path to Tiruchirappalli Cooperative House Construction Societies Limited to execute the sale deed of property at Tennur village in his favour. He relied on a ‘compromise decree’ of the predominant district munsif court docket at Trichy in 2010.

Calling it a basic case the place treasured land parcels are bought at throwaway fees via conspirators, the choose imposed an exemplary price of Rs 10 lakh, which would be payable to the Chief Minister’s Public Relief Fund. As a corruption case had been registered in opposition to the secretary and contributors of the society in 2020, the decide directed officers to expedite the investigation and file a closing record towards all accused within three months.

The modus operandi is that as soon as a swimsuit is initiated in a civil court, a ‘compromise’ deed is filed whereby the society would ‘agree’ to deliver the property in favour of the buyers.

Flaying the practice, the choose directed the authorities to right away set apart the ‘compromise’ decree vitiated by way of fraud. He said: “If instances of this nature are let off barring taking stringent action, the cooperative movement in the nation will go through and it will eventually cease in closing down societies which are already on the brink of a precipice.”

“The bane that afflicts the cooperative motion in this nation is usually attributable to misappropriation and manipulation of the cash of the society by using the office-bearers and workforce working in the society,” Justice Anand Venkatesh said.

The decide expressed shock at the Trichy case, and pointed out that the petitioner had sold a property measuring 7,800sqft for Rs 62.5 lakh from the society in 2015, solely to promote it to every other man or woman for Rs 2.3 crore inside 21 days. The secretary has done but any other sale deed to the petitioner for land measuring 10,048sqft for Rs 80.59 lakh. Two different sale deeds have been achieved in the identical yr to any other man named Thirisangu with the aid of the society.

The choose determined that considering the fact that the authorities got here to recognize the conspiracy which precipitated a loss of Rs 6.2 crore to the society, an administrator used to be appointed and he refused to execute the sale deeds, on the floor that the sale deed is no longer binding on the society. He noted an authorities order issued in 2009 mandating that homes of societies should now not be bought beneath the fee constant by way of the pricing committee.

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