Disposed

Jeyakumar.B.C. v. The Joint Registrar of Co-operative Societies

Madras HC15 Jun 2022WP(MD)/5243/2022

Case brief

AI extract

What is this about?

In this writ petition challenging an encumbrance entry on the petitioner's house property, the Madurai Bench of the Madras High Court declined to exercise its discretionary jurisdiction to quash the entry. The Court granted the petitioner liberty to file a separate application to remove the attachment, directing the authority to dispose of such a petition within three weeks.

What did the court decide?

Liberty granted to the petitioner to file a fresh application for removal of the attachment; writ petition disposed without costs.

Jeyakumar.B.C. Vs The Joint Registrar of Co-operative… — Banking and Recovery | Madras HC (2022)

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W.P(MD)No.5243 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2022 CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5243 of 2022 and W.M.P.(MD)No.4269 of 2022

B.C.Jeyakumar

... Petitioner

Vs .

1.The Joint Registrar of Cooperative Societies, Ramanathapuram Region, Ramanathapuram District.

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2.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Ramanad.

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3.The Joint Registrar / Managing Director, Ramnad District Central Cooperative Bank, Ramanathapuram District.

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4.The Sub Registrar, Aruppukottai, Virudhunagar 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 pertaining to the impugned proceedings issued by the 2^nd respondent dated 08.09.2017 vide Ni.Ma No.2/2017-2018 (na ka) 2118/2017 Sa Pa and quash the same and consequently direct the respondents to remove the entry made in the Encumbrance Registrar in respect of house property of the petitioner comprised in S.No.160/1A 1A 1A 1A situated at Palayampatti Village, Aruppukottai Taluk Sub Registration Office, Virudhunagar District of an extent of 1480 sq ft within the time stipulated by this Court.

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For Petitioner : Mr.C.Jeganathan For Respondents : Mr.M.Senthil Ayyanar, Government Advocate for R1 & R2 Mr.D.Shanmugaraja Sethupathi for R3 Mr.S.Shanmugavel, Additional Government Pleader for R4

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ORDER

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Heard the learned counsel on either side.

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

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W.P(MD)No.5243 of 2022

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2.Though I do find substantial merit in the contention of the learned counsel for the writ petitioner, I decline to exercise my discretionary jurisdiction only on the ground that the writ petition has been filed after a gap of almost five years. The petitioner is given liberty to apply for raising the attachment. As and when such a petition is filed, the same shall be disposed of within a period of three weeks thereafter.

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3.With this liberty to the petitioner and direction to the authority concerned, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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To:

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1.The Joint Registrar of Cooperative Societies, Ramanathapuram Region, Ramanathapuram District.

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2.The Deputy Registrar of Cooperative Societies, Office of the Deputy Registrar of Cooperative Societies, Ramanad.

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3.The Sub Registrar, Aruppukottai,

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Virudhunagar District.

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+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-26023[F] dated 16/06/2022 )

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+1 CC to M/s.SPL.GP ( SR-26145[F] dated 16/06/2022 )

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W.P(MD)No.5243 of 2022

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15.06.2022

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RS(16.06.2022) 2P-6C

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

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Jeyakumar.B.C. v. The Joint Registrar of Co-operative Societies

Case brief

What is this about?

What did the court decide?

Jeyakumar.B.C. v. The Joint Registrar of Co-operative Societies

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

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