Dismissed

A. Chitra, W/O. S. Murugesan v. the Registrar of Co.Op

Madras HC21 Mar 2018WP(MD)/8100/2016

Case brief

AI extract

What is this about?

A single bench dismissed two writ petitions filed to compel disposal of a dismissed claim petition and to quash an auction notice. With petitions dismissed, the court directed the Sub-Registrars to forthwith accept documents for registration and vacated an interim order.

What did the court decide?

Petitions dismissed; interim order vacated; Sub-Registrars directed to accept documents for registration forthwith.

A. Chitra, W/O. S. Murugesan Vs the Registrar of Co.Op — Cooperative Societies | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED 21.03.2018 CORAM

¶4

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

¶5

W.P(MD).Nos.8100 of 2016 and 21705 of 2017 and W.M.P.(MD).No18007 of 2017 in

¶6

W.P.(MD).No21705 of 2017

¶7

W.P.(MD).No.8100 of 2016

¶8

A.Chitra ... Petitioner

¶9

Vs.

¶10

The Registrar of Cooperative Societies, E.V.R.Maaligai, Kilpauk, Chennai. 2. The Joint Registrar of Co-operative societies, Kajamalai, Mannarpuram, Trichy. 3. The Deputy Registrar of Co-operative Societies, Musiri Circle, Musiri, Trichy District. 4. The Sale Officer, Office of Co-operative Deputy Registrar, College Road, Vadugapatti, Elango Nagar, Musiri, Trichy District. 5. R.963 Thulaiyanatham Primary Agricultural Co-operative Credit Society, Rep by its President, Thulaiyanatham, Musiri Taluk, Trichy District. 6. The Sub Registrar, https://hcservices.ecourts.gov.in/hcservices/ Registration Department, Musiri, Trichy District.

¶11

¶12

The Sub Registrar, Registration Department, Thathainagar Pettai, Trichy District. ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 3 and 4 to dispose the claim petition of the petitioner dated 21.02.2016 within a time frame fixed by this Court.

¶13

W.P.(MD).No.21705 of 2017

¶14

A.Chitra ... Petitioner Vs. 1. The Registrar of Cooperative Societies, E.V.R.Maaligai, Kilpauk, Chennai. 2. The Joint Registrar of Co-operative societies, Kajamalai, Mannarpuram, Trichy. 3. The Deputy Registrar of Co-operative Societies, Musiri Circle, Musiri, Trichy District. 4. The Sale Officer, Office of Co-operative Deputy Registrar, College Road, Vadugapatti, Elango Nagar, Musiri, Trichy District. 5.S.Venkatesan 6.R.963 Thulaiyanatham Primary Agricultural Co-operative Credit Society, Rep by its President, Thulaiyanatham, Musiri Taluk, Trichy District. 7. The Sub Registrar, https://hcservices.ecourts.gov.in/hcservices/ Registration Department, Musiri, Trichy District. ...Respondents

¶15

¶16

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to impugned auction sale notice issued by the respondents 3 and 4 in No.Nil, dated Nil, published in Malai Malar Tamil Daily on 24.10.2017, fixing the auction sale of the petitioner's property on 27.11.20107 and quash the same.

¶17

For Petitioner in both cases : Mr.M.Saravanan

¶18

For R1 to R4 in both cases : Mr.D.Muruganantham Addl. Government Pleader

¶19

COMMON ORDER

¶20

Heard Mr.M.Saravanan, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 to 4.

¶21

2.The writ petition in W.P.(MD).No.8100 of 2016, has been filed by Tmt.A.Chitra, W/o.S.Murugesan, who was the erstwhile Secretary of the 5^th respondent Society.

¶22

3.The writ petition in W.P.(MD).No.8100 of 2016 has been filed to direct the respondents 3 and 4 to dispose of the claim petition filed by the petitioner dated 21.02.2016.

¶23

4.The learned counsel for the petitioner submitted that the claim petition has been dismissed by the competent authority and the petitioner is in possession of the property and he has already filed a suit before the First Additional Subordinate Court, Trichy. The claim petition having been dismissed by the competent authority, the question of injuncting the registering authority from registering the property in favour of the Society or others does not arise. It appears that in this writ petition the petitioner had obtained an interim order.

¶24

5.The learned counsel for the petitioner submitted that the writ petition in W.P.(MD).No.21705 of 2017 was filed against one of the properties was left out in the claim petition filed earlier. In any event, both the claim petitions have been dismissed by the competent authority. Therefore, there cannot be any interim order and the writ petition cannot be allowed to continue further.

¶25

https://hcservices.ecourts.gov.in/hcservices/ 6.Thus for the above reasons, both the writ petitions are dismissed, leaving it open to the petitioner to agitate her claims

¶26

¶27

in the pending suit. Since the Sub Registrar of Registration, Musiri, Trichy District and the Sub-Registrar of Registration, Thathaiangar Pettai, Trichy District, are refusing to accept the documents filed by the Society for registration, since this Court dismissed the writ petitions and also vacated the interim order, directs the concerned Sub-Registrars to accept the documents for registration forthwith. No costs. Consequently, the connected miscellaneous petition is closed.

¶28

Sd/-

¶29

Assistant Registrar(T&P)

¶30

/True Copy/

¶31

Sub Assistant Registrar

¶32

¶33

The Registrar of Cooperative Societies, E.V.R.Maaligai, Kilpauk, Chennai.

¶34

The Joint Registrar of Co-operative societies, Kajamalai, Mannarpuram, Trichy. 3. The Deputy Registrar of Co-operative Societies, Musiri Circle, Musiri, Trichy District. 4. The Sale Officer, Office of Co-operative Deputy Registrar, College Road, Vadugapatti, Elango Nagar, Musiri, Trichy District. 5. The President, R.963 Thulaiyanatham Primary Agricultural Co-operative Credit Society, Thulaiyanatham, Musiri Taluk, Trichy District. 6.The Sub Registrar, Registration Department, https://hcservices.ecourts.gov.in/hcservices/ Musiri, Trichy District.

¶35

¶36

The Sub Registrar, Registration Department, Thathaiangar Pettai, Trichy District.

¶37

- 2 ccs TO Mr.R.Subramanian , Advocate in SR No. 57085,57086

¶38

- 1 cc TO The Special Government Pleader in SR No. 57597,57598

¶39

¶40

AE/SKN RSK/SAR4/23.04.2018/5P/11C

¶41

W.P(MD).Nos.8100 of 2016 and 21705 of 2017and W.M.P.(MD).No18007 of 2017in W.P.(MD).No21705 of 2017 21.03.2018

¶42

https://hcservices.ecourts.gov.in/hcservices/

A. Chitra, W/O. S. Murugesan v. the Registrar of Co.Op

Case brief

What is this about?

What did the court decide?

A. Chitra, W/O. S. Murugesan v. the Registrar of Co.Op

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr. P.R. Palanisamy Vs the Assistant Commissioner

S.S.B. Traders, Rep. by Its Vs the Deputy Commercial Tax

M/S.Vidya Agencies Vs the Commercial Tax Officer

A.Chitra Vs the Registrar of Co. Operative

K.Mathivanan, Vs Joint Registrar of Cooperative

Mohammed Junaid Vs The Secretary to Government