Madras High CourtWP/3645/2018disposed of

R.Jayaraman, v. The Deputy Registrar Of

2020-03-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.3645 of 2018 and W.M.P No.4472 of 2018 R.Jayaraman Petitioner vs.

1. The Deputy Registrar of Co-operative Societies, Tirupattur - 635 601.

Vellore District.

2. The President, KK 252, Veeramalai Primary Agricultural Co-operative Bank, Veeramalai, Krishnagiri District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and pass appropriate order by the 1st respondent in connection with petitioner's objection letter dated 28.05.2016 under Rule 135 of Tamil Nadu Cooperative Societies Act 1988 within a time framed manner. For Petitioner : Mr.S.Sairam For Respondents: MrL.P.Shanmuga Sundaram Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to consider the objections made by the petitioner under Rule 135 of the Tamil Nadu Cooperative Societies Act, 1988. 2.The case of the petitioner is that an attachment order was passed by the 1st respondent with regard to the property belonging to the petitioner. The grievance of the petitioner is that the property had vested in the petitioner by virtue of partition deed dated 27.08.2007. The petitioner, therefore, made an objection under Rule 135 of the Tamil Nadu Co-operative Societies Act, 1988 on 28.05.2016 to the 1st respondent. Subsequently, representations were also made. Since the same were not considered, the present writ petition has been filed before this Court seeking for appropriate directions. https://hcservices.ecourts.gov.in/hcservices/

3.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the objections made by the petitioner on 28.05.2016 and deal with the same, strictly in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of copy of this order, if no orders have already been passed on the objections. The petitioner is directed to make a fresh representation to the 1st respondent along with a copy of the objection letter dated 28.05.2016 and a copy of this order.

5.This writ petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed. No Costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar ssr To

1. The Deputy Registrar of Co-operative Societies, Tirupattur - 635 601.

Vellore District.

2. The President, KK 252, Veeramalai Primary Agricultural Co-operative Bank, Veeramalai, Krishnagiri District.

+1 cc to Mr.S.Sairaman Advocate sr23390 +1 cc to Mr.L.P.Shanmugasundaram Advocate sr23742 +1 cc to Government pleader sr24068 W.P No.3645 of 2018 and W.M.P No.4472 of 2018 vba(co) aa23/03/2020 https://hcservices.ecourts.gov.in/hcservices/