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Madras High CourtWP(MD)/13164/2015allowed

Ravuthar v. The Deputy Registrar Of

2023-09-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 and W.M.P.(MD)No.12059 of 2016 Ravuthar ... Petitioner Vs.

1.The Deputy Registrar of Co-Operative Societies, Aranthangi Circle, Aranthangi, Pudukkottai District.

2.The Sub-Registrar, T.A.75 Ponpethi Primary Agricultural Co-Operative Credit Societies Ltd., Ponpethi, Avudaiyar Kovil Taluk, Pudukkottai District.

3.The Sales Officer/Co-Operative Sub Registrar, T.A.75 Ponpethi Primary Agricultural Co-Operative Credit Societies Ltd., Ponpethi, Avudaiyar Kovil Taluk, Pudukkottai District.

4.The Inspector of Police, CCIW, Pudukottai District, Pudukkottai.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned auction proceedings initiated by the 3rd respondent in his proceedings in Ni.Ve.Manu 2/13-14 dated 29.06.2015 and quash the same as illegal an arbitrary. For Petitioner : Mr.Masilamani For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner challenges the impugned auction sale notice. The auction sale notice refers to a surcharge order. A copy of the surcharge order has been produced before me. On 25.08.2014, the Deputy Registrar, Aranthangi has passed surcharge order against Ravuthar Naina Mohammed, Kalimuthu, Raja and Dharmaraj. The petitioner is not 2/4

figuring as one of the respondents. Therefore, the impugned order has to be interfered with and it is set aside. This writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 19.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Deputy Registrar of Co-Operative Societies, Aranthangi Circle, Aranthangi, Pudukkottai District.

2.The Sub-Registrar, T.A.75 Ponpethi Primary Agricultural Co-Operative Credit Societies Ltd., Ponpethi, Avudaiyar Kovil Taluk, Pudukkottai District.

3.The Sales Officer/Co-Operative Sub Registrar, T.A.75 Ponpethi Primary Agricultural Co-Operative Credit Societies Ltd., Ponpethi, Avudaiyar Kovil Taluk, Pudukkottai District.

4.The Inspector of Police, CCIW, Pudukottai District, Pudukkottai.

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G.R.SWAMINATHAN, J.

ias 19.09.2023 4/4