Honourable Court dismissed Writ Petition as objection under Rule 135 was disposed of by Sale Officer order dated 12.06.2023. Sale Officer directed to dispose application. Status quo maintained for four weeks. Civil Suit remedy noted.
Status quo maintained till interim protection obtained. Petition closed. No costs.
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W.P.No.17265 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.06.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.17265 of 2023
and WMP Nos.16418 & 16419 of 2023
1.M.Karunanidhi
3.K.Manimegalai
... Petitioners
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct respondents to https://www.mhc.tn.gov.in/judis
W.P.No.17265 of 2023
consider the objection submitted by the petitioner dated 23.05.2023 as per Rule 135 of Tamil Nadu Cooperative Societies Rules, 1988, cosequent to the Sale Notice issued by the 4th respondent in Ni.Ma.No.03/2015-2016/sa.pa.2 dated 10.05.2023, within a time frame to be fixed by this Hon'ble Court.
For Petitioners : Mr.J.Jayamalan
For Respondents :Mr.K.V.Sajeev Kumar (for R1 to R4) Special Government Pleader Mr. C.S.M.Hasan Fizal(for R5) Additional Government Pleader
O R D E R
Read this order in conjunction with and in continuation of order
dated 09.06.2023, that reads as follows:
Mr.K.V.Sajeev Kumar, learned Special Government Pleader
accepts notice for R1 to R4 and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader accepts notice for R5 being the President, Veeramalai Primary Agricultural Co-operative Society, Dharmapuri District. They seek some time to obtain instructions and file counters.
2. P1 in this Writ Petition had suffered surcharge
proceedings under the provisions of the Tamil Nadu Coopertive Societies Act, 1983 and had challenged the same by way of Writ
W.P.No.17265 of 2023
Petition in W.P.No.37033 of 2015, which came to be dismissed for
default on 20.06.2017.
3. P1, it is stated, was unaware of the dismissal of that Writ Petition.
4. While this is so, the properties of P1, and P2 & P3 who are stated to be the family members of P1, came to be attached as a measure of coercive recovery of the surcharge imposed. Proceedings for sale have now been taken, as against which the present Writ Petition is filed.
5. P1 has made an application on 23.05.2023 before the Sale Officer in terms of Rule 135 of the Tamil Nadu Cooperative Societies Rules, 1988, which is pending.
6. Mr.Sankaran, learned counsel for the petitioner submits that steps are being taken by the counsel on record for the petitioner in W.P.No.37033 of 2015 for restoration of that Writ Petition. This matter is adjourned by one week to enable necessary to be taken for restoration of W.P.No.37033 of 2015.
7. Since auction is slated on 12th June, 2023, let status quo be maintained till the next date of hearing.
W.P.No.17265 of 2023
8. R4, being Sale Officer, Co-operative Societies Registrar
will dispose application filed on 23.05.2023 prior to the next date of hearing, being 16.06.2023, for which purpose, the petitioners will appear before him on 12.06.2023 at 10.30. a.m., without expecting any further notice in this regard, failing which, adverse inference will be drawn. A copy of the order disposing the objections will be produced on the next date of hearing.
9. List on 16.06.2023 at the end of admission list. Counters/written instructions by then with an advance copy served upon the petitioners.
W.P.No.17265 of 2023
filed by the petitioner on the same day, adverse to the petitioner. The order is stated to have been dispatched on 15.06.2023.
W.P.No.17265 of 2023
Index : Yes Speaking Order Neutral citation:Yes sl
16.06.2023
W.P.No.17265 of 2023
Dr.ANITA SUMANTH,J.
sl
To
W.P.No.17265 of 2023 and WMP Nos.16418 & 16419 of 2023
16.06.2023
1 issue framed by the court
Whether to maintain status quo on attached properties during objections pending under Rule 135 of Tamil Nadu Cooperative Societies Rules, 1988.
2 provisions across 2 enactments
M.Karunanidhi
The Joint Registrar/Managing Director, Dharmapuri District Central Co-operative Banl Ltd.
The Regional Joint Registrar of Co-operative Societies, Krishnagiri
The Deputy Registrar of Co-operative Societies, Krishnagiri
The Sale Officer
The President, Veeramalai Primary Agricultural Co-operative Society
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
