A former cooperative society secretary challenged auction sale of his property pursuant to surcharge proceedings under the Tamil Nadu Co-operative Societies Act. The court held that since attachment had already been made in execution proceedings and upheld, no separate attachment under Rule 126 was required and dismissed the petition.
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W.P(MD).No.17234 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD).No.17234 of 2024 and W.M.P(MD).No.14848 of 2024
Ramasamy
... Petitioner
Vs.,
1.The Deputy Registrar, Office of the Deputy Registrar of Co-operative Society, Srivilliputhur.
Sp.Spl.68 Kalaiyarkurichy Primary Agricultural Co-operative Credit Society Limited, Kalaiyarkurichi, M.Pudupatti Post, Sivakasi Taluk, Virudhunagar District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to impugned demand notice made in Ni.Ma.No.7/2022-2023 dated 24.05.2024 passed by the first respondent and quash the same.
For Petitioner : M/s.Viji For R-1 : Mr.M.Senthil Ayyanar Government Advocate
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ORDER
The writ petition has been filed to quash the demand notice made in Ni.Ma.No.7/2022-2023 dated 24.05.2024 and the impugned sale notice in Ni.Ma.No.7/2022-2023 dated 02.07.2024 passed by the first respondent.
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on technical ground the petitioner cannot come before this Court by way of certiorari. When the matter came up 'for admission', this Court asked the petitioner to deposit a sum of Rs.20,00,000/-, however, the learned counsel for the petitioner took adjournment in order to get instructions in this regard.
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connected Miscellaneous Petition is also dismissed.
07.08.2024
NCC : Yes/No Index : Yes/No
Rmk
To
1.The Deputy Registrar, Office of the Deputy Registrar of Co-operative Society, Srivilliputhur.
2.The President, Sp.Spl.68 Kalaiyarkurichy Primary Agricultural Co-operative Credit Society Limited, Kalaiyarkurichi, M.Pudupatti Post, Sivakasi Taluk, Virudhunagar District.
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W.P(MD).No.17234 of 2024
N.SATHISH KUMAR, J.
Rmk
W.P(MD).No.17234 of 2024
07.08.2024
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2 issues framed by the court
Whether the sale of the petitioner's property in surcharge proceedings was void for want of attachment as required by Rule 126 before sale.
Whether a writ of certiorari could be maintained against the demand and sale notices when the surcharge proceeding had attained finality.
3 provisions across 3 enactments
Ramasamy
The Deputy Registrar, Office of the Deputy Registrar of Co-operative Society, Srivilliputhur
The President, Sp.Spl.68 Kalaiyarkurichy Primary Agricultural Co-operative Credit Society Limited, Kalaiyarkurichi
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
