M.Murugesan v. Deputy Registrar of Co-operative Societies
Certiorari – demand-cum-auction notice issued while surcharge appeal pending
Case brief
What is this about?
Madras High Court, Madurai Bench | W.P.(MD)No.29429 of 2025 (connected W.M.P(MD)No.22748 of 2025) | decision 17.11.2025 | P.T. Asha, J. | M.Murugesan v. Deputy Registrar of Co-Operative Societies, Paramakudi & N.N.406 P.Kodikulam Primary Agriculture Co-Operative Credit Society (Rep. by its Administrator) | surcharge appeal pending before court below | demand-cum-auction notice dated 19.09.2025, served 29.09.2025, proceedings numbered 'nil' | demand not raisable until proceedings attain finality | impugned notice set aside | petitioner undertakes no alienation; further restraint on lease, mortgage, encumbrances | writ of certiorari under Article 226 | petition allowed, no costs, connected misc petition closed.
What did the court decide?
Writ petition allowed: impugned demand-cum-auction notice dated 19.09.2025 set aside (quashed); petitioner bound by undertaking not to alienate the property and further directed not to lease, mortgage or create any other encumbrance till disposal of the pending proceedings; no costs; connected Miscellaneous Petition (W.M.P(MD)No.22748 of 2025) closed consequentially.