P.Porkodidevi v. The Joint Registrar Of Cooperative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)Nos.17581 an 17584 of 2025 W.P(MD)No.22484 of 2025 P.Porkodidevi ... Petitioner Vs.
Sivagangai, Sivagangai District Sivagangai Circle, Sivagangai Manamadurai, Sivagangai District.
...Respondents
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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 relating to the impugned order of attachment vide E.P.No.1/2025-26 (Na.Ka.No.277/2025/Ni.Ka) dated 16.06.2025 passed by the second respondent and quash the same and consequently forbearing the respondents from interfering with peaceful possession and enjoyment of the properties mentioned in the impugned order For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 to R3 : Mr.D.Ghandiraj Special Government Pleader For R4 : Mr.G.Suriya Ananth Additional Government Pleader W.P(MD)No.22485 of 2025 R.Yuvaraja ... Petitioner Vs.
Sivagangai, Sivagangai District Sivagangai Circle, Sivagangai 2/6
Manamadurai, Sivagangai District.
...Respondents
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 relating to the impugned order of attachment vide E.P.No.1/2024-25 (R.C.No.277/2025/Nika) dated 22.04.2025 passed by the second respondent and quash the same and consequently forbearing the respondents from interfering with peaceful possession and enjoyment of the properties mentioned in the impugned order.
For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 to R3 : Mr.D.Ghandiraj Special Government Pleader For R4 : Mr.G.Suriya Ananth Additional Government Pleader COMMON ORDER These writ petitions have been filed challenging the respective impugned orders dated 16.06.2025 and 22.04.2025. 3/6
2. Prima facie, it appears that the properties which are the subject mater of attachment in the respective writ petitions were either purchased long before the alleged period of delinquency between 01.04.2019 and 29.04.2022 or were inherited by the petitioner in W.P(MD)No.22484 and purchased by the same petitioner on 12.06.1999. There is no direct link to establish that the said properties were either purchased during the period of delinquency or out of any ill-gotten amounts during the period of delinquency.
3. The issue is also covered by the Division Bench of this Court in the case of The Management, Thiruvengadapuram Primary Agricultural Cooperative Credit Society Vs. S.Rathinam and others (WA(MD)No.1511 of 2018), wherein Paragraph No.8, it has been held as under: "8. As per the provisions of the Tamil Nadu Co-operative 8 Societies Act and the Rules, this Court is of the view that the appellant cannot presume that every property stands in the name of the wife of delinquent against whom surcharge proceedings are initiated as the property purchased out of the money provided by the delinquent so that the same could be attached as a property of the delinquent."
4. Considering the same, the impugned attachment orders are quashed and the matter is remitted back to the first respondent to consider the case afresh. This exercise shall be completed by the first respondent within a 4/6
period of 4 weeks from the date of receipt of a copy of this order. It is needless to state that the respective petitioners shall be heard before any further orders of attachment are made.
5. These writ petitions stand disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 19.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To Sivagangai, Sivagangai District Sivagangai Circle, Sivagangai Manamadurai, Sivagangai District.
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C.SARAVANAN, J.
sn 19.08.2025 6/6