S.Annadurai, v. The Deputy Registrar Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and M.P.(MD).No.1 of 2015 S.Annadurai ... Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Dindigul District.

2.The President, DD 582, Konnur Primary Agricultural Co-op. Society, Konnur, Dindigul Taluk and District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the demand notice issued by the 1st respondent dated 27.08.2015 and quash the same.

For Petitioner : Mr.C.K.M.Appaji For R-1 : Mr.R.Suresh Kumar Additional Government Pleader For R-2 : No appearance 1/4

ORDER

The present Writ Petition is filed challenging the demand notice issued by the first respondent dated 27.08.2015, whereby, in terms of the decree passed in Tha.Va.No.13/2001 dated 05.06.2002, the petitioner was called upon to pay a sum of Rs.1,59,138/- along with interest within a period of ten days, failing which, the schedule property would be attached and brought to auction.

2. At the outset, it is submitted by the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the first respondent that execution proceedings are still pending. It was further submitted that this Court, under identical circumstances, has granted liberty to the petitioner to approach the Executing Court and produce all the materials so as to enable the Executing Court to pass appropriate orders.

3. The learned counsel for the petitioner would submit that liberty may be granted to the petitioner to approach the Executing Court and seek appropriate relief.

4. Recording the same, the Writ Petition is closed with liberty to the petitioner to approach the Executing Court along with all relevant materials in 2/4

support of his claim so as to enable the Executing Court to pass appropriate orders. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

30.08.2024 Index : Yes / No Internet : Yes/ No Lm To The Deputy Registrar of Co-operative Societies, Dindigul District.

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MOHAMMED SHAFFIQ , J.

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