S.Sangupani v. The Deputy Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.08.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.6246 of 2010 and M.P.Nos.1 and 2 of 2010 S.Sangupani ...

Petitioner - Vs -

1. The Deputy Registrar of Co-operative Societies, Cheyyar, Tiruvannamalai District.

2. The V.C.88 Kazhiyur Puliarmpakkam, Primary Agricultural Co-operative Society, Represented by its Special Officer, Cheyyar.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the Impugned Notice (Sale Notice) dated 15.02.2010 issued by the 1st respondent and published in the Tamil Daily Dinamalar (Vellore Edition) dated 27.02.2010, Quash the same.

For Petitioner : Mr.K.S.Kumar For 1st Respondent : Mr.V.Selvaraj Additional Government Pleader For 2nd Respondent : No Appearance

O R D E R

The petitioner has filed the writ petition against the impugned sale notice issued under Form-9 of the Tamil Nadu Cooperative Societies Act r/w. Rule 126 of the Tamil Nadu Cooperative Societies Rules challenging the said auction sale notice, the petitioner contended and raised a ground that the petitioner has not committed any irregularity during his tenure in any way victimised for the same. The property has already been attached and therefore, no necessity to brought the https://hcservices.ecourts.gov.in/hcservices/

property for auction. No proceedings for recovery of Rs.23,268/- was initiated against the petitioner.

2. The learned counsel for the petitioner submitted that pending the writ petition, by interim order granted by this Court, the petitioner has paid Rs.10,000/- to the respondent society. Now, the dispute is only for the balance amount under the auction sale notice. In view of the interim order granted by this Court, the sale proceedings has been deferred.

3. In view of the above said fact, at this stage, no adjudication is required to decide the matter. There is provision under the rule, if any grievance for the petitioner, he can approach the concerned Authority.

4. In view of the above, this Writ Petition is dismissed with liberty to the petitioner to approach before the concerned Authority, if any grievance, if so advised, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected writ miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ssn To +1cc to Mr.K.S.Kumar,Advocate sr.57211 +1cc to Mr.R.Ravichandran,Advocate sr.57746 +1cc to Government Pleader sr.57943 W.P.No.6246 of 2010 and M.P.Nos.1 and 2 of 2010 ss(5/9/2017) https://hcservices.ecourts.gov.in/hcservices/