R.Sathishkumar v. The Deputy Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.31952 of 2022 and WMP.No.31391 of 2022 R.Sathishkumar ... Petitioner Vs.
1.The Deputy Registrar of Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur.
2.The Co-operative Sub-Registrar/Sale Officer, S-1073, Gundukkal Primary Agricultural Co-operative Credit Society, Kundukkal, Omalur Taluk, Salem District.
3.The Secretary, S-1073, Gundukkal Primary Agricultural Co-operative Credit Society, Kundukkal, Omalur Taluk, Salem District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records with reference to Form No.9 dated 01.11.2022, issued by the 1st Respondent in so far as it relates to schedule list No.1, land measuring 0.2.00 Hect. (2200 Sq.ft.) in Survey
No.295/4A 2, Patta No.1592, Kundukkal Village, Omalur Taluk, Salem District and quash the same.
For Petitioner : Mr.S.Umapathy For Respondents : Mr.R.U.Dinesh Rajkumar (for R1) Additional Government Pleader Mrs.K.Vasanthamala (for R2 & R3) Government Advocate
O R D E R
Learned counsel for the petitioner wishes to withdraw this writ petition and has made an endorsement to this effect.
2. The petitioner seeks liberty to move an application in CMA.No.27 of 2020, filed by his father challenging surcharge proceedings, pending before the Principal District Judge, Salem praying for appropriate protection in the interim.
3. Upon condition that the application for interim protection is filed and proof produced before the Sale Officer, the auction proposed on 05.12.2022 shall stand deferred. The period of deference shall be eight weeks or till interim application is heard by the Principal District Judge, Salem, whichever is earlier.
4. In light of the endorsement, this writ petition is dismissed as withdrawn with liberty as aforesaid. No costs. Connected miscellaneous petitions is closed.
29.11.2022 ska Index : Yes/No Speaking Order/Non speaking Order Note: Issue order copy on 30.11.2022.
(2) Registry is directed to return the original impugned order to the petitioner.
To 1.The Deputy Registrar of Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur.
2.The Co-operative Sub-Registrar/Sale Officer, S-1073, Gundukkal Primary Agricultural Co-operative Credit Society, Kundukkal, Omalur Taluk, Salem District.
3.The Secretary, S-1073, Gundukkal Primary Agricultural Co-operative Credit Society, Kundukkal, Omalur Taluk, Salem District.
DR.ANITA SUMANTH,J.
ska W.P.No.31952 of 2022 and WMP.No.31391 of 2022 29.11.2022