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Madras High CourtWA(MD)/2663/2025dismissed

The Administrator/Secretary v. V.Thirupathi

2025-09-15Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.15111 of 2025 The Administration/Secretary, O.114, Sevalkulam Primary Agricultural Co-operative Credit Society, Sevalkulam, Thiruvenkadam Taluk, Tenkasi District.

... Appellant/2nd Respondent Vs.

1.V.Thirupathi ... 1st Respondent/Writ Petitioner 2.The District Registrar, Deputy Registrar of Co-operative Society, Sankarankovil, Tenkasi District.

... 2nd Respondent/1st Respondent PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made in W.P.(MD)No.15187 of 2024 dated 15.07.2024 on the file of this Court.

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For Appellant : Mr.K.Mandela Anand for Mr.S.Kumar For R - 1 : Mr.K.Gokul For R - 2 : Mr.S.P.Maharajan Special Government Pleader

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) The present appeal is filed challenging an order dated 15.07.2024 passed in W.P(MD)No.15187 of 2024. 2.The challenge therein was to auction notices issued during the pendency of surcharge proceedings under the Tamil Nadu Co-operative Societies Act, 1983. The Writ Petition came to be disposed, the writ Court noticing that if the total demand of Rs.16,94,611/- was paid, then the auction would not be conducted. 3.Mr.K.Mandela Anand, learned counsel appearing for the appellant, would accede the position that the aforesaid amount has indeed been paid and hence, the auction also did not transpire. 2/5

4.In such circumstances, it is a mystery as to why the present Writ Appeal has been filed. Learned counsel appearing for the appellant seeks to justify the same by referring to subsequent surcharge proceedings that have been recently initiated. However, that constitutes a separate cause of action, unconnected with the present Writ Appeal and does not justify its filing.

4.In light of the aforesaid, we find no justification whatsoever for filing of the present appeal.

5.Accordingly, this Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. [A.S.M.J.,] & [C.K.J.,] 15.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps 3/5

To The District Registrar, Deputy Registrar of Co-operative Society, Sankarankovil, Tenkasi District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

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