Dismissed¶28

The Administrator/Secretary v. v.Thirupathi

Madras HC15 Sept 2025WA(MD)/2663/2025

Case brief

AI extract

What is this about?

Madras High Court (Madurai Bench); W.A(MD)No.2663 of 2025; decided 15.09.2025 by Dr. Justice Anita Sumanth and Mr. Justice C. Kumarappan. Writ appeal against disposal of W.P.(MD)No.15187 of 2024 concerning auction notices issued during pending surcharge proceedings under the Tamil Nadu Co-operative Societies Act, 1983. Demand of Rs.16,94,611/- paid, auction not held; fresh surcharge proceedings held to be a separate cause of action. Appeal dismissed, no costs; connected C.M.P(MD)No.15111 of 2025 closed.

What did the court decide?

Writ Appeal dismissed with no costs; connected Miscellaneous Petition (C.M.P(MD)No.15111 of 2025) closed. ¶28

The Administrator/Secretary Vs v.Thirupathi — Madras HC (2025) — LawSathi Research

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W.A(MD)No.2663 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 15.09.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.A(MD)No.2663 of 2025 and

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C.M.P(MD)No.15111 of 2025

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The Administration/Secretary, O.114, Sevalkulam Primary Agricultural Co-operative Credit Society, Sevalkulam, Thiruvenkadam Taluk, Tenkasi District. ... Appellant/2^nd Respondent

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Vs.

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1.V.Thirupathi ... 1^st Respondent/Writ Petitioner

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2.The District Registrar, Deputy Registrar of Co-operative Society, Sankarankovil, Tenkasi District. ... 2^nd Respondent/1^st Respondent

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PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made in W.P.(MD)No.15187 of 2024 dated 15.07.2024 on the file of this Court.

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

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	W.A(MD)No.2663 of 2025
For Appellant	: Mr.K.Mandela Anand for Mr.S.Kumar
For R – 1	: Mr.K.Gokul
For R – 2	: Mr.S.P.Maharajan Special Government Pleader

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JUDGMENT

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(Judgment of the Court was made by DR.ANITA SUMANTH, J.)

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The present appeal is filed challenging an order dated 15.07.2024 passed in W.P(MD)No.15187 of 2024.

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2.The challenge therein was to auction notices issued during

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the pendency of surcharge proceedings under the Tamil Nadu Co-operative Societies Act, 1983. The Writ Petition came to be disposed, the writ Court noticing that if the total demand of Rs.16,94,611/- was paid, then the auction would not be conducted.

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3.Mr.K.Mandela Anand, learned counsel appearing for the appellant, would accede the position that the aforesaid amount has indeed been paid and hence, the auction also did not transpire.

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2/5

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

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W.A(MD)No.2663 of 2025

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4.In such circumstances, it is a mystery as to why the present Writ Appeal has been filed. Learned counsel appearing for the appellant seeks to justify the same by referring to subsequent surcharge proceedings that have been recently initiated. However, that constitutes a separate cause of action, unconnected with the present Writ Appeal and does not justify its filing.

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4.In light of the aforesaid, we find no justification whatsoever for filing of the present appeal.

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5.Accordingly, this Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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[A.S.M.J.,] & [C.K.J.,] 15.09.2025

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NCC :Yes/No Index :Yes/No Internet :Yes ps

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3/5

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