Sekar.P v. The Deputy Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.15246 and 15248 of 2022 P.Sekar ... Petitioner Vs.

The Deputy Registrar of Cooperative Societies, Uthamapalayam Circle, Theni District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for records in impugned notice dated 19.07.2022 and consequential notice dated 10.08.2022 on the file of the respondent and quash the same as illegal. For Petitioner : Mr.S.Kumar.

For Respondent : Mr.P.Thilakkumar, Government Pleader.

ORDER

Heard the learned counsel on either side.

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2.The petitioner questioned the impugned order whereby the petitioner had been called upon to pay the surcharge amount. He also questions the order of attachment.

3.The petitioner suffered an order of surcharge dated 05.08.2019. Questioning the same, the petitioner has filed C.M.A.C.S.No.16 of 2020 before the Cooperative Tribunal (Principal District Judge), Theni. The learned Cooperative Tribunal (Principal District Judge), Theni is directed to dispose of the said C.M.A.C.S. on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order. Since the petitioner has already availed the right of first appeal, the respondent is directed not to bring the petition mentioned property to sale till the disposal of the said appeal. 4.With this direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 02.09.2022 Index : Yes / No Internet : Yes/ No ias 2/4

To:

The Deputy Registrar of Cooperative Societies, Uthamapalayam Circle, Theni District.

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G.R.SWAMINATHAN, J.

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