Madras High CourtWP(MD)/5203/2021allowed

Mathew Abraham.M v. Deputy Registrar Of Co-Operative Societies

2024-07-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.4168 and 4169 of 2021 M.Mathew Abraham ... Petitioner Vs.

1.The Deputy Registrar of Co-Operative Societies, Thuckalay Circle, Palace Road, Thuckalay Post, Kalkulam Taluk, Kanyakumari District.

2.K.V.90 Karungal Primary Agricultural Co-Operative Credit Society, Rep. by its President, Karungal Post, Killiyoor Taluk, Kanyakumari District.

3.M.Thangam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of attachment passed in C.E.P.No.2/2017-18 dated 08.02.2018 on the file of the 1st respondent and quash the same as illegal considering the petitioner's representation dated 01.02.2021 and further direction to the 1st respondent to take steps to raise the 1/4

attachment made in the records of Munichirai Sub-Registrar office in Resurvey Nos.453/1A1, 453/4A, 453/4B, 444/1, 444/2A, 446/1B of Killiyoor A Revenue Village and in Re-survey Nos.405/8B, 405/7, 405/6 of Paloor Revenue Village, both in Killiyoor Taluk of Kanyakumari District. For Petitioner : Mr.S.Kumar For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 & R2.

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 2.The third respondent is the mother of the petitioner herein. She is employed as Secretary in the second respondent cooperative credit society. She appears to have committed irregularities. Surcharge order was passed against her. The question that arises for consideration is whether on this ground, the petition mentioned property can be attached. It is beyond dispute that the petition mentioned property was the self-acquired property the petitioner's grandfather. The petitioner's grandfather had settled the property in favour of the petitioner on 25.07.2014. Neither the petitioner nor the petitioner's property 2/4

have anything to do with the impugned transactions. Therefore, the authority is wrong in proceeding against the petition mentioned property. It is patently without jurisdiction. The impugned order is set aside and the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

01.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Deputy Registrar of Co-Operative Societies, Thuckalay Circle, Palace Road, Thuckalay Post, Kalkulam Taluk, Kanyakumari District.

2.K.V.90 Karungal Primary Agricultural Co-Operative Credit Society, Rep. by its President, Karungal Post, Killiyoor Taluk, Kanyakumari District.

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G.R.SWAMINATHAN, J.

ias 01.07.2024 4/4