Disposed

Senthil Kumar.T v. The District Registrar (Administration)

Madras HC27 Nov 2023WP(MD)/14014/2022

Case brief

AI extract

What is this about?

A writ petition challenging the provisional attachment of the petitioner's property by the Deputy Registrar of Chit Funds was disposed of. The Court held that since there is a pending execution proceeding against the guarantor, the appropriate remedy lies in the executing court, not through public law writ jurisdiction.

What did the court decide?

Liberty granted to move the executing court for appropriate relief; writ petition disposed of.

Senthil Kumar.T Vs The District Registrar… — Writ and Judicial Review | Madras HC (2023)

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W.P(MD)No.14014 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.11.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.14014 of 2022 and W.M.P.(MD)Nos.10000 & 10002 of 2022

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T.Senthil Kumar ... Petitioner

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Vs.

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1.The District Registrar (Administration) Madurai South,

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Palace Road, Madurai.

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2.The Deputy Registrar of Chit Funds, Madurai South, Palace Road,

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Madurai.

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3.Sri Nithyakalyani Chit Funds (P) Ltd., No22, Lakshmi Road, T.V.S.Nagar, Madurai-625 003.

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4.U.Suzeeth ... 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 attachment order passed by the 2nd respondent in Chit Dispute No.12/2020 dated 24.12.2021 in so far as Plot No.2 admeasuring an extent of 850 Sq. Ft comprising in Re-Survey No.73/5A bearing Patta No.224, Viraganoor Village, Madurai South Taluk, Madurai is

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14014 of 2022

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concerned and consequential order passed by the 1st respondent in his proceedings Na.Ka.No.1966/E1/2022 dated 19.04.2022 and quash the same as illegal and consequently direct the respondents 1 and 2 to remove the attachment entry made against the petitioner's property.

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For Petitioner : Mr.V.P.Rajan For Respondent : Mr.S.Ra.Ramachandran Additional Government Pleader for R1 & R2

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: Mrs.P.Malini for R3

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: Mr.K.Viralinathan for R4

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ORDER

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Heard both sides.

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The petitioner has purchased the petition mentioned property from the

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4^th respondent. The petitioner's grievance is that after purchase from the

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4^th respondent, the said property had been attached by the second respondent. Challenging the provisional attachment, the present writ petition came to be filed.

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It is not in dispute that the fourth respondent is figuring as guarantor for the principal subscriber. The 3^rd respondent had already obtained an award against the subscriber and the fourth respondent. The case is presently pending before the Executing Court. The petitioner can very well move the executing Court for relief. Invoking writ remedy in such cases is not appropriate. The

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14014 of 2022

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petitioner is given liberty to move the jurisdictional executing Court for effecting the impugned provisional attachment. If any such I.A. is filed, the same shall be numbered and disposed of on merits and in accordance with law within a period of ten weeks thereafter.

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Granting liberty to the petitioner to move the executing court and direction to the executing Court to dispose of the petitioner's application, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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27.11.2023 Index : Yes / No Internet : Yes/ No rmi To

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1.The District Registrar (Administration) Madurai South, Palace Road, Madurai.

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2.The Deputy Registrar of Chit Funds, Madurai South, Palace Road, Madurai.

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https://www.mhc.tn.gov.in/judis

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3/4

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W.P(MD)No.14014 of 2022

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G.R.SWAMINATHAN, J.

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rmi

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W.P(MD)No.14014 of 2022

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27.11.2023

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Senthil Kumar.T v. The District Registrar (Administration)

Case brief

What is this about?

What did the court decide?

Senthil Kumar.T v. The District Registrar (Administration)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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