Madras High CourtWP(MD)/8310/2024disposed of

Natarajan.K v. The Sale Officer/Deputy Registrar Of Cooperative Societies

2024-04-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.7513 of 2024 K.Natarajan ... Petitioner Vs.

1.The Sale Officer/Deputy Registrar of Cooperative Societies, Office of the Circle Deputy Registrar of Cooperative Societies, Rajanagar, Palani-624 601, Dindigul District.

2.The Administrator, A.693, Vellabommanpatti Primary Agricultural Cooperative Credit Society Ltd., Vellabommanpatti, Palani Circle, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st Respondent to consider the Objection Petition filed by petitioner under Rule.135 of Tamil Nadu co-operative Societies act 1983 and Rules 1988 and to pass appropriate order on the petition filed by petitioner dated 09.03.2024 within the time limit stipulated by this Honble Court and Consequently not to take any further action against the property bearing Patta No.1721, 1012, 994 and Survey No.430/2C, 1/4

433/1, 434/2 situated at Velvarkottai Revenue Village Vedasanthoor Taluk, Dindigul District, till the disposal of the petition filed under Rule 135 of Tamil Nadu Co - operative Act, 1983.

For Petitioner : Mr.G.Murugan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

Heard both sides.

2. The petitioner had purchased the petition mentioned property from one Balasubramani vide sale deed dated 03.02.2022. On the same date, the said property was attached. The petitioner's vendor happens to be the Secretary of the second respondent society. He is alleged to have committed misappropriation. He has since retired also.

3. The property is now proposed to brought to sale for public auction tomorrow. The petitioner has offered his objections. The auction sale can very well go on tomorrow. But before confirming it, the order on the objection lodged by the petitioner should be passed. The petitioner's objection shall be gone into by the first respondent. The decision of the first respondent shall also be immediately communicated to the petitioner herein. I make it clear that I have not gone into the merits of the matter.

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4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

01.04.2024 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 03.04.2024 To 1.The Sale Officer/Deputy Registrar of Cooperative Societies, Office of the Circle Deputy Registrar of Cooperative Societies, Rajanagar, Palani-624 601, Dindigul District.

2.The Administrator, A.693, Vellabommanpatti Primary Agricultural Cooperative Credit Society Ltd., Vellabommanpatti, Palani Circle, Dindigul District.

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G.R.SWAMINATHAN, J.

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