Madras High CourtWP(MD)/1288/2014dismissed

M.Natarajan v. The Special Officer

2023-03-03Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.1288 of 2014 and M.P(MD)No.1 of 2014 M.Natarajan ..... Petitioner - VsThe Special Officer, Co-operative Primary Agriculture And Rural Development Bank Ltd., Ilayamkudi, Sivagangai District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the respondent in his proceedings in P.R.A.No.26/2011- 2012, dated 10.02.2013 and quash the same and consequently direct the respondent to reassess the Agricultural term loan of the petitioner within the time frame fixed by this Court. For Petitioner : Mr.J.Jeyakumaran For Respondent : Mr.P.R.Prithiviraj 1/4

ORDER

This writ petition has been filed challenging the order of appointment of receiver by the respondent in respect of the property that has been attached by the Society under the provisions of Tamil Nadu Cooperative Societies Act.

2. When the matter is taken up for hearing, the learned counsel appearing for the respondent submitted that only the order of attachment had not been challenged by the petitioner till date and that only consequential order of appointment of receiver had been challenged.

3. When the matter was taken up for hearing on 16.02.2023, this Court had suggested to the learned counsel for the petitioner to settle the matter with the respondent. At this stage, the learned counsel for the petitioner states that the notice sent to the petitioner through registered post had been returned with an endorsement "refused". Hence, he reports "no instructions". The said submission is taken on record. 2/4

4. Since the writ petition had filed challenging the order of appointment of receiver without challenging the order of attachment, I do not find any reason to interfere with the order impugned in the writ petition. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. 03.03.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To The Special Officer, Co-operative Primary Agriculture And Rural Development Bank Ltd., Ilayamkudi, Sivagangai District.

3/4

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 1288 of 2014 03.03.2023 4/4