Madras High CourtWP(MD)/7415/2024disposed of

G.Selvaraj v. The Deputy Registrar Of Cooperative Societies

2024-03-28Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Selvaraj ... Petitioner Vs 1.The Deputy Registrar of Co-operative Societies, O/o. The Deputy Registrar of Co-operative Societies, Palani, Dindigul District.

2.D.D.543, Aanaipatti Primary Agricultural, Co-operative Credit Society, Represented by its President/Administrator, Kujiliyamparai Taluk, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to receive Rs.3,59,245.36/- towards the liability of the petitioner in pursuance of the surcharge award dated 19.11.2013 passed by the 1st respondent and consequently direct the respondents to release the attachment of immovable properties and in pursuance of the execution petitions vide E.P.No. 136/2008, E.P.No.35/2011 and E.P.No.36/2011.

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For Petitioner : Mr.E.Satheesh For R-1 : Mr.M.V.Nirmal Kumar Government Advocate

ORDER

Heard the learned Counsels on either sides.

2. The petitioner was working as Secretary in the second respondent society. He suffered an order of surcharge. Since the petitioner did not pay the surcharge amount, his property is proposed to be brought to sale. The petitioner now comes forward to pay the principle amount of Rs.3,59,245/- with interest. The petitioner is permitted to settle the surcharge amount at the rate of 6%. The second respondent will quantify the said amount and inform the petitioner and upon payment of the same, the proceedings shall be closed. If the petitioner pays the principal amount on or before 10.04.2024, the property shall not be brought to auction. The interest component can be paid within a period of four weeks thereafter. If the petitioner fails to pay the principal amount within the stipulated date, the auction will go on.

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3. This Writ Petition is disposed of accordingly. No costs. 28.03.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr Note: Issue Order Copy on 02.04.2024.

To 1.The Deputy Registrar of Co-operative Societies, O/o. The Deputy Registrar of Co-operative Societies, Palani, Dindigul District.

2.D.D.543, Aanaipatti Primary Agricultural, Co-operative Credit Society, Represented by its President/Administrator, Kujiliyamparai Taluk, Dindigul District.

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G.R.SWAMINATHAN, J.

Nsr 28.03.2024 4/4