G.Malarkodi v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WA No. 2805 of 2025 AND CMP NO. 22609 OF 2025 G.Malarkodi W/o.Gnanasekaran, No.3322, West Street, Ruthirasonai, M.Kollakudi Post, Kattumannarkoil Taluk, Cuddalore District.

..Appellants Vs

1. The District Registrar Deputy Registrar of cooperative societies, Chidambaram Circle, Chidambaram, Cuddalore District.

2. The President E.2586, Rayanallur Primary Agricultural Cooperative Credit Society, Rayanallur, Kattumannarkoil Taluk, Cuddalore District.

.. Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the Order dated 17.10.2022 in WMP.No. 26904 of 2022 in WP.No. 27627 of 2022. For Appellant :

Mr.C.Prakasam For Respondents :

Mr.S.Ravi Kumar, Special Government Pleader

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This intra Court appeal is directed against the interim order passed by the Writ Court dated 17.10.2022 in W.M.P.No.26904 of 2022 in W.P.No.27627 of 2022. The impugned order reads as follows:

"

Mr.U.Dinesh Rajkumar, learned Additional Government Pleader accepts notice for the respondents and objects to the prayer for the interim relief pointing out that both the properties proposed to be auctioned on 19.10.2022, stand in the name of the petitioner.

2. That apart, he also points out that the attachment itself has been effected as early as in 2010 and has never been the subject matter of challenge by the husband of the petitioner.

3. In such circumstances, the auction will continue, but confirmation will be subject to the result of this writ petition.

4. List on 21.11.2022. Counter be filed by then after service upon the petitioner."

2. Though the said order is assailed in the present appeal, learned counsel for the appellant would submit that, though such a direction to go ahead with the auction, no auction has been conducted and none has come forward to participate in the auction.

3. When that being so, nothing survives in the present appeal for adjudication. Moreover, in the order which is impugned herein the learned

Judge has imposed a condition stating that even if auction goes on, the confirmation will be subject to the outcome of the writ petition, have no prejudice would be caused to the appellant / writ petitioner. Thereby, the grievance espoused by the appellant is since no more available, we are inclined to dismiss this writ appeal with an observation that it is open to the appellant / writ petitioner to pursue the main writ petition before the writ Court for disposal at the earliest.

4. In result, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.K.,J.) (H.C.,J.) 23-09-2025 Index: Yes/No Speaking/Non-speaking order KST To

1. The District Registrar Deputy Registrar of cooperative societies, Chidambaram Circle, Chidambaram, Cuddalore District.

2. The President E.2586, Rayanallur Primary Agricultural Cooperative Credit Society, Rayanallur, Kattumannarkoil Taluk, Cuddalore District.

R.SURESH KUMAR J.

AND HEMANT CHANDANGOUDAR J.

KST AND CMP NO. 22609 OF 2025 23-09-2025