Madras High Court
K.Santhi vs The Deputy Registrar Of on 2 June, 2021
W.A.(MD)No.1001 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1001 of 2021
K.Santhi : Appellant
Vs.
The Deputy Registrar of
Co-operative Societies (Ground Floor),
Thiruparamkundram Salai,
Palanganatham Roundana,
Madurai – 3. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 18.03.2021, in W.P.(MD)No.6088 of
2021 and allow the writ appeal.
For Appellant : Mr.PT.S.Narendravasan
For Respondent : Mr.R.Baskaran,
Standing Counsel for Government
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W.A.(MD)No.1001 of 2021
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up for
final disposal.
2.Heard MrPT.S.Narendravasan, learned Counsel appearing for
the appellant and Mr.R.Baskaran, learned Standing Counsel for
Government appearing for the respondent.
3.This appeal by the writ petitioner is directed against the order
dated 18.03.2021, in W.P.(MD)No.6088 of 2021. The writ petition was
filed by the appellant for a direction upon the respondent to raise the
attachment made on the properties bearing No. 1)Re.S.No.15/1, situated
at Athikulam Village, Madurai North Taluk, 2)D.No.5 T.S.No.805/6, 7 and
8, situated at Ismailpuram 9th Street, Munisalai, Madurai – 9, 3)D.No.7F,
T.S.802/3, situated at Ismailpuram 10th Street, Munisalai, Madurai – 9, as
the appellant claimed that it is her personal property and it is not liable
for attachment for recovery of the dues payable by her husband
Mr.P.Kanaga Sabapathi, against whom surcharge proceedings were
initiated.
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W.A.(MD)No.1001 of 2021
4.The learned Single Bench dismissed the writ petition on the
ground that details have not been disclosed and also taking note of the
fact that the appellant's husband was unsuccessful in the challenge of the
surcharge proceedings which were confirmed upon dismissal of the
revision petition in C.R.P.[NPD](MD)No.1209 of 2009 dated 24.06.2019.
It is not in dispute that several properties have been attached much prior
to the surcharge proceedings being finalized. Ultimately, the proceedings
were upheld since the Civil Revision Petition filed by the appellant's
husband was dismissed. During the pendency of the CRP, the appellant's
husband died as a result of which, the appellant and her two children
were brought on record as legal heirs. However, this will not preclude the
appellant from contending that her separate personal property has been
attached by the department for recovery of the dues payable by her late
husband.
5.In terms of the provisions of the Tamil Nadu Co-operative
Societies Rules, 1988, the authority is entitled to attach the property, if he
has reason to believe with the decree which may ultimately be passed
would become a paper decree and to safeguard the interest of revenue,
order of attachment can be passed. However, upon such order being
passed, if such person makes a claim that the property is not for
attachment, he is entitled to seek for raising his order of attachment. This
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W.A.(MD)No.1001 of 2021
is precisely what the appellant has done. The appellant's claim has to be
independently examined. No doubt, it is true that the appellant has to
establish that the property which is attached is her personal and
individual property. Furthermore, in terms of Rule 118 of the Tamil Nadu
Co-operative Societies Rules, the property which is required to be sold is
not always the entire property but only to the extent of the property of
the deceased judgment debtor.
6.In fact, the learned Single Bench while dismissing C.R.P.[NPD]
(MD)No.1209 of 2009 dated 24.06.2019 has pointed out this aspect in
paragraph No.7 of the order. Therefore, we are of the view that the
respondent should consider the petition filed by the appellant dated
18.02.2021, for raising the attachment and enquiry be conducted after
opportunity to the appellant or her authorised representative and a
speaking order shall be passed. In order to facilitate the respondent to
comply with the order of this Court, the appellant is directed to forward
one more copy of the petition along with the copy of this judgment and
upon receipt of the same, the respondent shall consider the petition in
terms of the above direction and pass orders on merits and in accordance
with law within a period of twelve [12] weeks from the date of receipt of a
copy of this judgment.
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W.A.(MD)No.1001 of 2021
7.Accordingly, the Writ Appeal stands allowed. However, there
shall be no order as to costs.
[T.S.S., J.] & [S.A.I., J.]
02.06.2021
Index : Yes / No
Internet : Yes / No
MR/RR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
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W.A.(MD)No.1001 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.1001 of 2021
02.06.2021
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