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Madras High CourtWP(MD)/28016/2024disposed of

M. Kasparaj v. The Registrar Of Co-Operative Societies

2024-11-22Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD) Nos.23763, 23764 & 23769 of 2024

1. M. Kasparaj

2. K.Mary Elizapath ... Petitioners Vs

1. The Registrar of Co-Operative Societies, No. 170, NV Natarajan Maaligai, Periyar Evr High Road, Poonamaliee High Road, Kilpauk, Chennai - 600 010.

2. The Joint Registrar of Co-Opeative Societies, Thoothukudi Region, No. 39b, 1st Floor, Annai Nursing Societies Upstairs, T.R.Naidu Street, Thoothukudi, Thoothukudi District.

3. M/s. A.393 Kovilpatti Co-Operative Urban Bank Limited, Rep. by its Administrative Officer, No. 101, New Road, Kovilpatti - 628501, Thoothukudi District.

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4. The Sale Officer / Joint Registrar, Joint Registrar of Cooperative Societies Office, Kovilpatti - 628501, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Letter dated 18.11.2024 issued by the 3rd Respondent and quash the same and thereby direct the 3rd Respondent to conduct public auction of these petitioners properties to realize amount regarding the Loan Account No. 4200 and 4450 on his file in accordance with procedure established under Law.

For Petitioners : Mr. Rajesh Saravanan for Mr.M.Arumugam For Respondents : Mr.T.Amjad Khan (R1, R2 & R4) Government Advocate

ORDER

Challenging the impugned letter, dated 18.11.2024 issued by the 3rd Respondent and to direct the 3rd Respondent to conduct public auction of these petitioners' properties to realize amount regarding the Loan Account No. 4200 and 4450, in accordance with the procedure, this writ petition has been filed.

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2.By consent of both parties, considering the limited relief sought for by the petitioners, the Writ Petition is taken up for final disposal at the stage of admission itself and notice to the third respondent is dispensed with. 3.Heard, the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents 1, 2 and 4. Perused the materials on record.

4.Considering the fact that the petitioners have paid 1/3 of the loan amount to the tune of Rs.26 lakhs to the third respondent, the auction which was scheduled to be conducted on 18.11.2024 was required to be postponed, for which, a letter, dated 18.11.2024 has been sent by the 3rd respondent to the 4th respondent. However, the 4th respondent accepting the same, postponed the auction from 18.11.2024 to 25.11.2024 without following any procedure as per law. Challenging the said impugned letter, this writ petition has been filed by the petitioners.

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5.The learned Government Advocate appearing for the respondents 1, 2 and 4 submitted that already auction was scheduled to be held on 18.11.2024 and the all the procedures had been followed in accordance with law. Only the auction was postponed, therefore, it is not necessary to re-do the entire process. However, if the petitioners are insisting to do the same, the respondents have no impediment to follow the entire procedure. 6.However, the learned counsel for the petitioners submitted that the petitioners have already paid a sum of Rs.26 lakhs and the remaining loan amount along with interest will be paid by them on or before 30th January, 2025. Till then, the respondent shall not proceed with the auction process. 7.Considering the submission made by the learned counsel for the petitioners, I hereby direct the respondents to postpone the auction till 30th January, 2025. If the petitioners fail to make a full satisfaction of the loan amount on or before the aforesaid date, the respondents are at liberty to proceed further in accordance with law.

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8.With the above direction, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

22.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes Note: Issue order copy on today PNM To

1. The Director of Municipal Administration, Chepauk, Chennai - 600 005.

2. The Regional Director of Municipal Administration, Melakkal Main Road, Kochadai, Madurai 625 016.

3. The District Collector, Madurai District @ Madurai.

4. The Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District.

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L.VICTORIA GOWRI, J.

PNM ORDER IN and WMP(MD) Nos.23763, 23764 & 23769 of 2024 22.11.2024 6/6