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Madras High CourtWP/6083/2004dismissed

S.Sathiyanarayanan v. The Cooperative Sub Registrar/

2017-09-05Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.09.2017

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.6083 of 2004 and W.P.M.P.No.7140 of 2004 S.Sathiyanarayanan ...

Petitioner - Vs -

1. The Co-operative Sub-Registrar / The Special Officer, The Dharapuram Co-operative Primary Agricultural and Rural Development Bank Ltd., Dharapuram, Erode District.

2. T.S.Visweswaran, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 1st respondent from bringing the house property in T.S.No.324 of Dharapuram Town, Erode District in public auction towards the loan due from the 2nd respondent till his share is earmarked in the final partition.

For Petitioner : Mr.N.Manokaran For R1 : Mr.L.P.Shanmugasundaram (Special Government Pleader) For R2 : No Appearance

O R D E R

According to the petitioner, the auction notice was issued on 09.02.2014. The writ petition is filed for the writ of mandamus forbearing the 1st respondent from bringing the house property in T.S.No.324 of Dharapuram Town, Erode District in public auction towards the loan due from the 2nd respondent till his share is earmarked in the final partition.

2. At the outset, the prayer in the writ petition is not maintainable and the petitioner has not challenging any of the proceedings of the 1st respondent.

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3. The learned Special Government Pleader submits that this writ petition is not maintainable in the light of the Full Bench judgment of this Court rendered in the case of K.Marappan v. The Deputy Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689 wherein the relevant portion of the order is extracted as under:

''In the absence of special circumstances, the Court will not ordinarily exercise power under Article 226 of the Constitution of India when the Act provides for an alternative remedy''.

4. If the petitioner is aggrieved, in the light of the Full Bench judgment of this Court rendered in the case of K.Marappan v. The Deputy Registrar of Co-operative Societies, Namakkal reported in 2006 (4) CTC 689, writ petition is not maintainable.

5. Therefore, the petitioner is having an alternative remedy. Hence, in the light of the above cited judgment, this writ petition is dismissed as not maintainable. It is open to the petitioner to approach before the concerned authority, if so advised, as per law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR To The Co-operative Sub-Registrar / The Special Officer, The Dharapuram Co-operative Primary Agricultural and Rural Development Bank Ltd., Dharapuram, Erode District.

+ 1 CC Government Pleader SR.No.64978 + 1 CC S. Meenakumari Advocate SR.No.65006 + 1 CC L.P.Shanmugasundaram, Advocate SR.No.64237 W.P.No.6083 of 2004 and W.P.M.P.No.7140 of 2004 MN(CO) VC (09/10/2017) https://hcservices.ecourts.gov.in/hcservices/