S.Jayaselvi v. The Deputy Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.8.2017

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.30439 of 2012 S.JAYASELVI ...

PETITIONER Vs.

1 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KRISHNAGIRI CIRCLE, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

2 THE DISTRICT REGISTRAR CUM SALE OFFICER, OFFICE OF DEPUTY REGISTAR OF CO.OP.SOCIETIES, KRISHNAGIRI CIRCLE, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

...

RESPONDENTS Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the second respondent in his proceedings NO.E.P.No.61/2007-08 in ARC No.5 of 2006 Sa.Pa.1, (dated 17.4.2007), dated 19.10.2012 and quash the same. For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.P.Shanmugasundaram, Spl.G.P.

O R D E R

According to the petitioner, an award was passed against the petitioner's husband without giving an opportunity to the petitioner. The second respondent issued attachment cum auction notice in his proceedings in E.P.No.61/2007-08 in ARC No.5 of 2006, dated 10.6.2010 whereby attached the petitioner's property and the same was brought to public auction on 22.07.2010.

Challenging the attachment cum auction proceedings, the petitioner has filed W.P.No.14394 of 2010 before this Court. This Court by an order, dated 8.7.2010 directed the petitioner to approach the concerned authority. The petitioner has filed claim petition under Rule 135 of Tamilnadu Co-op. Societies Act on 9.7.2010, however, the claim petition is still pending. Without considering the claim petition filed by the petitioner, the second respondent has passed the impugned order in his proceedings in E.P.No.61/200708 in ARC No.5 of 2006 Sa.Pa.1, (dated 17.4.2007), dated https://hcservices.ecourts.gov.in/hcservices/

19.10.2012 for attachment of the property and brought the petitioner's property to public auction on 15.11.2012. Challenging the attachment proceedings, the petitioner has filed the present writ petition before this Court.

2 The respondents have not chosen to file counter affidavit. The learned Special Government Pleader would submit that the claim petition will be considered and orders will be passed in accordance with law.

3 Earlier, this Court by order, dated 8.7.2010 in W.P.No.14394 of 2010 directed the petitioner to make his objection or file claim petition before the concerned authority. However, no order has been passed on the claim petition filed by the petitioner, dated 9.7.2010.

4 In view of the foregoings, this court have no hesitation to quash the impugned order, dated 19.10.2012. However, liberty is granted to the second respondent to pass orders on the claim petition on merit and in accordance with law. It is needless to say that the petitioner has to file a copy of the said claim petition along with the copy of this order before the second respondent.

The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vaan To 1 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KRISHNAGIRI CIRCLE, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

2 THE DISTRICT REGISTRAR CUM SALE OFFICER, O/O DEPUTY REGISTRAR OF CO.OP.SOCIETIES, KRISHNAGIRI CIRCLE, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.60809 +1cc to the Government Pleader, S.R.No.61110 W.P.No.30439 of 2012 PA(CO) GN(08/09/2017) https://hcservices.ecourts.gov.in/hcservices/