Madras High CourtWP(MD)/17943/2024disposed of

P.Chelladurai v. The Deputy Registrar Of Cooperative Societies

2024-07-31Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Chelladurai ... Petitioner Vs.

1.The Deputy Registrar of Cooperative Societies, Palani Region, Palani, Dindigul District.

2.The Cooperative Sub Registrar/Field Officer/Sale Officer, Vadamadurai, 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 respondents to refrain from initiating public auction of the petitioner's properties until the culmination of C.M.A.(CS)No.31 of 2023 pending on the file of the Honble Additional District Court (Cooperative Tribunal), Palani on the basis of the representation of the petitioner dated 26.06.2024. For Petitioner : Mr.R.Kannan For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R1 1/4

ORDER

Heard both sides.

2. The petitioner had suffered an order of surcharge. Aggrieved by the same, the petitioner has filed C.M.A.(CS)No. 31 of 2023 on the file of the Additional District Court (Co-operative Tribunal), Palani. The petitioner has also filed IA for interim relief.

3. The tribunal is directed to dispose of the petitioner's IA within a period of four weeks. I make it clear that I have not gone into the merits of the matter. I am not in any way tying the hands of the tribunal. It is open to the tribunal to pass an appropriate order. I have given direction for disposal, since the petitioner's counsel submitted that the second respondent has brought the petitioner's property to sale in the meanwhile.

4. The Writ Petition is disposed of accordingly. No costs. 31.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi NOTE:Registry to mark copy of this order to the Additional District Court (Co-operative Tribunal), Palani. 2/4

To 1.The Deputy Registrar of Cooperative Societies, Palani Region, Palani, Dindigul District.

2.The Cooperative Sub Registrar/Field Officer/Sale Officer, Vadamadurai, Dindigul District.

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G.R.SWAMINATHAN, J.

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