M.Rajeswari v. Deputy Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Rajeswari ... Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Kajamalai, Trichy District.

2.The Sub Registrar, Nangavaram Sub Registration Office, Kulithalai Taluk, Karur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to lift the attachment made in pursuant to the attachment before judgement order passed by the 1st respondent in his proceedings in C.E.P.No.2/2016-17, A.R.C.No.120/2016-17 dated 22.03.2017 and 18.9.2017 respectively within the time limit that may be stipulated by this Court. For Petitioner : Mr.K.Gurunathan For Respondents : Mr.S.Shanmugavel, Addl. Government Pleader.

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ORDER

Heard both sides.

2.The petitioner states that the petition mentioned property was attached in a surcharge proceeding. It is categorically stated by the learned counsel for the petitioner that the surcharge order has been set aside by this Court. If that be so, the order setting aside the surcharge proceeding can be registered and that would meet the petitioner's requirements. The petitioner is permitted to move the second respondent for registering the concerned Court order. If such application is received from the petitioner, the Court order shall be registered subject to fulfilment of the usual formalities. The question of invoking Section 23 of the Registration Act will not arise at all. 3.This writ petition is allowed on these terms. No costs. 25.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

To:- 1.The Deputy Registrar of Co-operative Societies, Kajamalai, Trichy District.

2.The Sub Registrar, Nangavaram Sub Registration Office, Kulithalai Taluk, Karur.

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G.R.SWAMINATHAN, J.

ias 25.03.2024 4/4