Vijaya Chandrika v. The Deputy Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)Nos.3413 and 3414 of 2017 and W.M.P(MD)Nos.2776 and 2777 of 2017 Vijaya Chandrika ... Petitioner in W.P.3413/2017 Perumal Naidu ... Petitioner in W.P.3414/2017 vs.
1)The Deputy Registrar, O/o. Deputy Registrar of Cooperative Societies, Sarangapani Sannithi Street, Kumbakonam Taluk, Thanjavur District.
2)The President, Z.314, Devarayanpettai, Primary Agricultural Cooperative Credit Society, Ponnanmeintha Nallur, Papanasam Taluk, Thanjavur District.
3)The Sub Registrar of Cooperative Societies/Sale Officer, Z.314, Devarayanpettai, Primary Agricultural Cooperative Credit Society, Papanasam Taluk, Thanjavur District.
... Respondents in both WPs Prayer in W.P.3413/2017 : Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, directing to call for records of the proceedings of the 3rd respondent with respect to auction sale notice dated 07.02.2017 thereby bringing the petitioner's property in Survey No.435/12A bearing Door No.4/119, Shop No.3, situated at Ahamed Nagar, Melakabishthalam Village, Papanasam Taluk, Thanjavur District an extent of 278.72 sq.ft for public auction sale scheduled on 28.02.2017and quash the same.
Prayer in W.P.3414/2017 : Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, directing to call for records of the proceedings of the 3rd respondent with respect to auction sale notice dated 07.02.2017 thereby bringing the petitioner's property in Survey
No.144N-14 Natham measuring an extent of 0.04.61 hectares (461 Sq.meter) situated at Papanasam Village & Taluk, Thanjavur District an extent of 0.04.61 hectares (461 Sq.meter) for public auction sale scheduled on 28.02.2017 and quash the same. For Petitioner(in both Wps) : Mr.N.R.Balaji For R1 & R3(in both WPs) : Mr.A.K.Baskarapandian Special Government Pleader For R2(in both Wps) : Mr.M.Rajarajan Government Advocate COMMON ORDER W.P(MD)No.3413/2017 has been filed for issuance of a Writ of Certiorari, to call for records of the proceedings of the 3rd respondent with respect to auction sale notice dated 07.02.2017 bringing the petitioner's property in Survey No.435/12A bearing Door No.4/119, Shop No.3, situated at Ahamed Nagar, Melakabishthalam Village, Papanasam Taluk, Thanjavur District an extent of 278.72 sq.ft, for public auction sale scheduled on 28.02.2017and quash the same.
2.W.P(MD)No.3414/2017 has been filed for issuance of a Writ of Certiorari, to call for records of the proceedings of the 3rd respondent with respect to auction sale notice dated 07.02.2017, bringing the petitioner's property in Survey No.144N-14 Natham measuring an extent of 0.04.61 hectares (461 Sq.meter) situated at Papanasam Village & Taluk, Thanjavur District an extent of 0.04.61 hectares (461 Sq.meter) for public auction sale scheduled on 28.02.2017 and quash the same.
3.From the reading of the impugned orders, it is clear that they are only show cause notices asking the petitioners to pay the amount on or before 28.02.2017. Hence, it is open to the petitioners to file their objections to the show cause notices to the respondents and if any coercive steps are taken, it is open to the petitioners to question the same in accordance with law. Accordingly, these Writ Petitions are disposed of. No costs. Consequently, W.M.P(MD)Nos.2776 and 2777 of 2017 are closed. Sd/- Assistant Registrar[C] /True copy/ Sub Assistant Registrar
To 1)The Deputy Registrar, O/o. Deputy Registrar of Cooperative Societies, Sarangapani Sannithi Street, Kumbakonam Taluk, Thanjavur District.
2)The Sub Registrar of Cooperative Societies/Sale Officer, Z.314, Devarayanpettai, Primary Agricultural Cooperative Credit Society, Papanasam Taluk,Thanjavur District.
+1 cc to Special Government pleader,SR.No.11157 W.P(MD)Nos.3413 and 3414 of 2017 27.02.2017 NBI KK-SKN-RSK-9.3.2017-3P-4c