Writ appeal against Form No.6 auction notice issued in surcharge proceedings against appellant's wife. The court held that since the surcharge order was under challenge under Section 152 before the Special Tribunal for Cooperative Cases, parties must work out remedies there; writ jurisdiction was declined and the appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:MHC:2747
WA No.2118 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-07-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
WA No.2118 of 2021 And
CMP No.13420 of 2021
K.Ashokkumar
.. Appellant
-vs-
.. Respondents
Writ Appeal is preferred under Clause 15 of the Letters Patent against the order passed by this Court in WP No.5374 of 2021 dated 15.03.2021.
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For Appellant : Mr.C.Prakasam For Respondents : Mr.S.Ravikumar, Special Government Pleader (Co-op.).
J U D G M E N T
[JUDGMENT OF THE COURT WAS DELIVERED
BY S.M.SUBRAMANIAM, J.]
The writ petition has been instituted by the writ appellant
challenging Form No.6 notice issued under Rules 119 and 126 of the Tamil Nadu Cooperative Societies Rules, 1988.
liberty to the appellant to workout his remedy before the Appellate Authority/Sale officer within a period of one week from the date of receipt of a copy of that order.
appellant would mainly contend that the wife of the appellant was an employee of the Cooperative Society. Surcharge proceeding under Section
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87 of the Tamil Nadu Cooperative Societies Act was initiated. The property
stands in the name of the appellant was proposed to be auctioned. Thus the writ petition was instituted. The property of the appellant is no way connected with his wife, since it was purchased prior to her appointment in the Cooperative Society.
behalf of the respondents, would oppose by stating that the wife of the appellant has already preferred Civil Miscellaneous Appeal under Section 152 of the Tamil Nadu Cooperative Societies Act, before the Special Tribunal for Cooperative Cases/Principal District Judge.
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Once the Surcharge order itself is under challenge under Section 152 of the
Tamil Nadu Cooperative Societies Act, the parties are bound to workout
their remedy in the said appeal and therefore, we are not inclined to entertain the present Writ Appeal.
However, there shall be no order as to costs. Consequently, the connected
miscellaneous petition is also dismissed.
(S.M.SUBRAMANIAM,J.) (C.KUMARAPPAN,J.)
15-07-2024
Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn
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To
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S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J.
Svn
WA 2118 of 2021
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WA No.2118 of 2021
15-07-2024
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1 issue framed by the court
Whether a writ appeal lies against an auction notice under the Tamil Nadu Cooperative Societies Rules when the surcharge order is already under appeal before the Special Tribunal.
3 provisions across 2 enactments
K.Ashokkumar
The Deputy Registrar of Cooperative Societies, Mayiladuthurai Circle, Mayiladuthurai, Mayiladuthurai District
The Managing Director / Deputy Registrar, Mayiladuthurai Consumer's Cooperative Wholesale Stores Ltd., T.917, No.15-B, Narayana Pillai Street, Mayiladuthurai –
S.M. Subramaniam
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
