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Madras High CourtWP/6378/2025disposed of

S.Sivasakthi v. The Deputy Registrar Of Copoerative Societies

2025-03-13Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD and WMP.No.7021 of 2025 S.Sivasakthi .. petitioner vs The District Registrar of Cooperative Societies Thirukoilur, Kallakurichi District 2.The Cooperative Sub Registrar/sale officer Thyagathurugam Kallakurichi District - 606 206 3.The General Manager Villupuram District Central Cooperative Bank Ltd., Villupuram District - 605 602.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider my claim petition dated 25.09.2017 filed under rule 135 of the TamilNadu Cooperative Societies Rules, 1988 as per the direction issued by this Court in WP.No.31260/2016 and also the representation dated 04.10.2024 1/5

expressing my readiness to repay Rs.17,53,000/- and to release the petitioner's house property in S.No.83/5A, measuring 1188 sq.ft from the attachment within a reasonable time frame fixed by this Court. For Petitioner : Mr.S.Natarjan For Respondents : Mr.S.Ravikumar, SGP for R1 & R2 Mr.R.Arumugam for R3.

O R D E R

This writ petition has been filed to direct the respondents to consider claim petition dated 25.09.2017 filed under rule 135 of the Tamil Nadu Cooperative Societies Rules, 1988 as per the direction issued by this Court in WP.No.31260/2016 and also the representation dated 04.10.2024 expressing the readiness to repay Rs.17,53,000/- and to release the petitioner's house property in S.No.83/5A, measuring 1188 sq.ft from the attachment within a reasonable time frame fixed by this Court.

2. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the claim petition of the petitioner dated 25.09.2017 will be considered on merits and in accordance with law within the time stipulated by this Court.

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3. The learned counsel for the 3rd respondent filed counter affidavit on 10.03.2025. The learned counsel submitted that the third respondent may be heard at the time of enquiry, so as to enable to submit the relevant documents before the 1st respondent/authority.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record.

5. The first respondent is directed to conduct detailed enquiry after giving due notice to the petitioner as well as to the third respondent, opportunity of personnel hearing, to consider the documents filed by the petitioner and the 3rd respondent and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.03.2025 3/5

Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To The District Registrar of Cooperative Societies Thirukoilur, Kallakurichi District 2.The cooperative Sub Registrar/sale officer Thyagathurugam Kallakurichi District - 606 206 3.The General Manager Villupuram District Central Cooperative Bank Ltd., Villupuram District - 605 602.

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J. SATHYA NARAYANA PRASAD , J.

tsh 13.03.2025 5/5