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Madras High CourtWP/22541/2018dismissed

S.Arumugam, v. The Government Of Tamilnadu

2018-09-14Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Thirty First day of August Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE V.BHARATHIDASAN WP NO.22541 OF 2018 S.

ARUMUGAM, [ PETITIONER ] Vs 1 THE GOVERNMENT OF TAMILNADU [ RESPONDENTS ] REP BY ITS SECRETARY, CO-OPERATIVE, FOOD AND CONSUMER DEPARTMENT, CHENNAI 2 THE REGISTRAR OF THE DISTRICT JOINT-REGISTRAR OF HOUSING CO-OPERATIVE SOCIETY OFFICE, SALEM REGION, SALEM -16 3 THE RASIPURAM,CO-OPERATIVE HOUSING SOCIETIES, BY ITS SECRETARY, RASIPURAM CO-OPERATIVE HOUSING SOCIETIES RASIPURAM POST, NAMAKKAL DISTRICT Writ Petitions under Article 226 of the Constitution of India praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent sale proceedings dated 30.07.2018 in E.P.No.523/2015-2016 in case No.

613/2005-2006 for the sale of petitioner property mortgaged in the 3rd respondent society and quash the same as illegal and restraining the respondent from selling the petitioner property for the due amount as stated by them (WP.22541/2018) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.MUTHUKRISHNAN, Advocate for the petitioner and of MR.M.ELUMALAI, GOVERNMENT ADVOCATE on behalf of the 1st Respondent and of MR.L.P.SHANMUGHA SUNDARAM, Special Government Pleader on behalf of the 2 & 3 Respondents the court made the following order:- Mr.M.Elumalai, Government Advocate takes notice for the first respondent.

Mr.L.P.Shanmugasundaram, Special Government Pleader takes notice for the respondents 2 and 3.

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The Learned Counsel for the respondents is directed to get instructions regarding the total outstanding as on today. Post on 12.09.2018 for orders.

The respondents are directed not to conduct any auction till dated.

-sd/- 31/08/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY, GOVERNMENT OF TAMILNADU CO-OPERATIVE, FOOD AND CONSUMER DEPARTMENT, CHENNAI 2 THE REGISTRAR OF THE DISTRICT JOINT-REGISTRAR OF HOUSING CO-OPERATIVE SOCIETY OFFICE, SALEM REGION, SALEM -16 3 THE SECRETARY, RASIPURAM,CO-OPERATIVE HOUSING SOCIETIES, RASIPURAM CO-OPERATIVE HOUSING SOCIETIES RASIPURAM POST, NAMAKKAL DISTRICT C.C. to M/S.S.MUTHUKRISHNAN Advocate on payment of necessary charges Order in WP.22541/2018 Date :31/08/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 04/09/2018 (P) https://hcservices.ecourts.gov.in/hcservices/