K. Lakshmi Vs Managing Director

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records relating to the order Form-7, dated 8.6.2026 of the 3rd respondent herein and quash the same.

¶15

For Petitioner(s):

¶16

For Petitioner(s): Mr.R. Kannan For Respondent(s): Mr.R.Chakkaravarthy Government Counsel for R1 to R3

¶17

ORDER

¶18

This Writ Petition has been filed challenging the order in Form-7 dated

¶19

08.06.2026 passed by the 3rd respondent.

¶20

Page1 of 4

¶21

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

¶22

WP No. 24240 of 2026

¶23

With the consent of the learned counsel appearing for both sides, this

¶24

Writ Petition is taken up for final disposal at the stage of admission itself.

¶25

The brief facts of the case are that the petitioner, Mrs. K. Lakshmi, is working as a Manager in the Villupuram District Central Co-operative Bank. During February 2020, she was deputed to function as the In-charge Branch Manager of the Chinnasalem Branch, where she processed the premature closure of fixed deposits and refunded a sum of Rs.71,19,654/- to the depositors in accordance with the Bank’s procedure. Subsequently, surcharge proceedings were initiated under Section 87 of the Tamil Nadu Co-operative Societies Act, alleging negligence and misappropriation, resulting in a surcharge order dated 24.09.2021 directing the recovery of the said amount. The petitioner challenged the surcharge order by filing C.M.A.(CS).No.4 of 2024 before the Principal District Court, which came to be dismissed. Aggrieved by the same, the petitioner preferred a Civil Revision Petition before this Court, which is currently pending at the SR stage. In the meanwhile, the third respondent issued a Form-7 notice dated 08.06.2026 for attachment and auction of the petitioner’s property to recover the surcharge amount. Aggrieved by the said Form-7 notice, the petitioner has filed the present Writ Petition.

¶26

The learned counsel for the petitioner seeks a stay of the auction proceedings which were originally scheduled to be held on 28.06.2026. The

¶27

Page2 of 4

¶28

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

¶29

WP No. 24240 of 2026

¶30

learned counsel for the petitioner fairly submits that the auction did not take place on 28.06.2026 and no fresh date has been fixed as of today.

¶31

Heard the submissions made by the learned counsel appearing on either side and perused the materials available on record.

¶32

It is an admitted fact that the auction scheduled for 28.06.2026 did not take place and no fresh auction notification or date has been issued by the respondents as on date. Since the impugned auction date has already lapsed and no fresh proceedings have been initiated, the apprehension of the petitioner is dynamic but premature. This Court cannot pass any interim orders based on mere assumptions.

¶33

In view of the above, this Writ Petition is dismissed, granting liberty to the petitioner to seek appropriate interim remedies before the Civil Revision Court where the matter is pending at the SR stage. No costs. Consequently, connected Miscellaneous Petitions are closed.

¶34

K.SURENDER J.

¶35

10-07-2026

¶36

Neutral Citation: Yes/No

¶37

JAI

¶38

__________ Page3 of 4

¶39

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