G.Malarkodi Vs the District Registrar — Madras HC (2025) — LawSathi Research

G.Malarkodi Vs the District Registrar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief granted; the writ appeal was dismissed with no costs, the connected miscellaneous petition (CMP No. 22609 of 2025) was closed, and it was observed that it is open to the appellant/writ petitioner to pursue the main writ petition before the Writ Court for disposal at the earliest.

Issue for consideration

Whether the interim order dated 17.10.2022 in W.M.P.No.26904 of 2022 in W.P.No.27627 of 2022, permitting the auction to proceed with confirmation subject to the result of the writ petition, ought to be set aside. +1 more

Ratio / Principle

Since no auction has been conducted and none came forward to participate pursuant to the interim direction, nothing survives in the present writ appeal for adjudication.

Key takeaways

The condition imposed in the impugned order - that even if the auction went on, confirmation would be subject to the outcome of the writ petition - meant no prejudice would be caused to the appellant/writ petitioner; the grievance espoused by the appellant being no more available, the writ appeal is dismissed with an observation that it is open to the appellant/writ petitioner to pursue the main writ petition before the Writ Court for disposal at the earliest.ratio¶39

Detailed headnote1 paragraphs

Writ Appeal (Madras) - WA No. 2805 of 2025, decided 23-09-2025 by R. Suresh Kumar and Hemant Chandangoudar JJ. - appeal under Clause XV of the Letters Patent against the interim order dated 17.10.2022 in W.M.P.No.26904 of 2022 in W.P.No.27627 of 2022, whereby the Writ Court allowed the auction of the writ petitioner's properties (scheduled 19.10.2022) to continue while making confirmation subject to the result of the writ petition, noting the properties stood in the petitioner's name and the 2010 attachment had never been challenged by her husband. In the appeal, counsel for the appellant submitted that no auction was in fact conducted and none came forward to participate. Holding that nothing survived for adjudication and that the confirmation-condition caused no prejudice to the appellant, the Division Bench dismissed the writ appeal with no costs, closed the connected miscellaneous petition, and observed that the appellant remains open to pursue the main writ petition for disposal at the earliest.

WA No. 2805 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

WA No. 2805 of 2025 AND

CMP NO. 22609 OF 2025

G.Malarkodi

W/o.Gnanasekaran, No.3322, West Street, Ruthirasonai, M.Kollakudi Post, Kattumannarkoil Taluk, Cuddalore District.

..Appellants

Vs

The District Registrar Deputy Registrar of cooperative societies, Chidambaram Circle, Chidambaram, Cuddalore District.

The President

E.2586, Rayanallur Primary Agricultural Cooperative Credit Society, Rayanallur, Kattumannarkoil Taluk, Cuddalore District.

.. Respondents

Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the Order

dated 17.10.2022 in WMP.No. 26904 of 2022 in WP.No. 27627 of 2022 .

For Appellant : Mr.C.Prakasam

For Respondents : Mr.S.Ravi Kumar, Special Government Pleader

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WA No. 2805 of 2025

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.)

This intra Court appeal is directed against the interim order passed by the

Writ Court dated 17.10.2022 in W.M.P.No.26904 of 2022 in W.P.No.27627 of 2022. The impugned order reads as follows:

" Mr.U.Dinesh Rajkumar, learned Additional Government Pleader accepts notice for the respondents and objects to the prayer for the interim relief pointing out that both the properties proposed to be auctioned on 19.10.2022, stand in the name of the petitioner.

2. That apart, he also points out that the attachment itself has been effected as early as in 2010 and has never been the subject matter of challenge by the husband of the petitioner.

3. In such circumstances, the auction will continue, but

confirmation will be subject to the result of this writ petition.

4. List on 21.11.2022. Counter be filed by then after service upon the petitioner."

Though the said order is assailed in the present appeal, learned counsel

for the appellant would submit that, though such a direction to go ahead with the auction, no auction has been conducted and none has come forward to participate in the auction.

When that being so, nothing survives in the present appeal for adjudication. Moreover, in the order which is impugned herein the learned

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WA No. 2805 of 2025

Judge has imposed a condition stating that even if auction goes on, the confirmation will be subject to the outcome of the writ petition, have no prejudice would be caused to the appellant / writ petitioner. Thereby, the grievance espoused by the appellant is since no more available, we are inclined to dismiss this writ appeal with an observation that it is open to the appellant / writ petitioner to pursue the main writ petition before the writ Court for disposal at the earliest.

In result, the writ appeal is dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

(R.S.K.,J.) (H.C.,J.) 23-09-2025

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

KST To

The District Registrar Deputy Registrar of cooperative societies, Chidambaram Circle, Chidambaram, Cuddalore District.

The President E.2586, Rayanallur Primary Agricultural Cooperative Credit Society, Rayanallur, Kattumannarkoil Taluk, Cuddalore District.

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WA No. 2805 of 2025

R.SURESH KUMAR J. AND HEMANT CHANDANGOUDAR J.

KST

WA No. 2805 of 2025 AND CMP NO. 22609 OF 2025

23-09-2025

__________ Page 4 of 4

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