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Madras High CourtWP/12953/2020disposed of

K.Maheshwari F/Aged 54 Years, v. The Joint Registrar Of Co-Operative Societies,

2022-06-08Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.12953 of 2020 and W.M.P.Nos.16029 & 16030 of 2020 K.Maheshwari ... Petitioner Vs.

1. The Joint Registrar of Co-Operative Societies, Salem Region, Collectorate, 4th Floor, Salem - 636 001.

2. The Deputy Registrar of Co-Operative Society, Omalur Circle, Omalur,

3. The Administrator, S-777, Nangavalli Primary Agricultural Co-Operative Credit Society Ltd, Nangavalli, Mettur Taluk,

4. The Sale Officer/Co-Operative Sub Registrar/ Senior Inspector of Co-Operative Societies, S-777, Nangavalli Primary Agricultural Co-Operative Credit Society Ltd, Nangavalli, Mettur Taluk, ... Respondents Prayer:

Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 4th respondent relating to the Notice in E.P.No.1/2016-17 dated 28.08.2020, quash the same and consequently directing to the respondents to await the outcome of CMA(Cs).No.42 of 2019 pending on the file of the Special Tribunal for Co-Operative cases/District Judge, Salem. For Petitioner : Ms.G.Punniakoti

For Respondents: Mrs.C.Meera Arumugam Additional Government Pleader for R1 & R3 Mr.L.P.Shanmugasundaram for R3 & R4

ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. This writ petition is disposed considering the fact that the petitioner's appeal under Section 152 (1) (a) of the Tamil Nadu Co-operative Societies Act, 1983 is pending before the Principal District Judge and Special Tribunal for Co-operative Cases, Salem in CMA(Cs).No.42 of 2019. Though the petitioner has challenged the attachment order, I find that there is no merits in the present writ petition as there is no proposal, to bring the property for sale. Impugned order merely secures the interest of the 3rd respondent.

3. Considering the fact that the petitioner's appeal is pending before the aforesaid Tribunal, the Tribunal shall consider the petitioner's appeal in CMA(Cs).No.42 of 2019 and dispose the same in accordance with law, as expeditiously as possible, preferably, within a period of one year from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar jas To

1. The Joint Registrar of Co-Operative Societies, Salem Region, Collectorate, 4th Floor, Salem - 636 001.

2. The Deputy Registrar of Co-Operative Society, Omalur Circle, Omalur,

3. The Administrator, S-777, Nangavalli Primary Agricultural Co-Operative Credit Society Ltd, Nangavalli, Mettur Taluk,

4. The Sale Officer/Co-Operative Sub Registrar/ Senior Inspector of Co-Operative Societies, S-777, Nangavalli Primary Agricultural Co-Operative Credit Society Ltd, Nangavalli, Mettur Taluk, +1cc to the Government Pleader, S.R.No.34220 W.P.No.12953 of 2020 and W.M.P.Nos.16029 & 16030 of 2020 GP(CO) CT/22/06/2022