Madras High Court
A.Thirunavkarasi vs The District Collector on 16 June, 2021
W.A.(MD)No.1230 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1230 of 2021
and
W.M.P(MD) No.5168 of 2021
A.Thirunavkarasi ... Appellant / Writ Petitioner
Vs.
1.The District Collector
Madurai District,
Madurai.
2.The Registrar of Co-operative Societies,
O/o.Registrar of Co-operative Societies,
Kilpauk,
Chennai.
3.The Deputy Registrar of Co-operative Societies,
O/o.Deputy Registrar of Co-operative Societies,
41, Krishnarayar Theppakulam Street,
Madurai - 20.
4.The Secretary
A2919, Therkutheru Agricultural Co-operative Society,
Therkutheru,
Melur Taluk,
Madurai District.
1/6
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1230 of 2021
5.V.Saraswati **
** Cause title is accepted vide court order,
dated 11.11.2020 made in C.M.P(MD) No.5619 of 2020
... Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 10.12.2019 in W.P.(MD)No.14940 of 2015 on the file
of this Court.
For Appellant : Mr.T.Lajapathi Roy
For Respondents 1 to 4 : Mr.A.K.Manickam,
Standing Counsel for Government
For 5th Respondent : Mr.H.Arumugam,
----
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.T.Lajapathi Roy, learned Counsel appearing for
the Appellant/Writ Petitioner, Mr.A.K.Manickam, learned Standing Counsel
for Government appearing for the respondents 1 to 4 and Mr.H.Arumugam,
learned counsel appearing for the fifth respondent.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1230 of 2021
2.This writ appeal is directed against the order, dated 10.12.2019
passed in W.P.(MD)No.14940 of 2015.
3.The appellant has approached the writ Court praying for a writ of
Mandamus forbearing the respondents 2 and 3, who are the Registrar of the
Co-operative Societies, Chennai and the Deputy Registrar of Co-operative
Societies, Madurai, from handing over the subject-property to the fifth
respondent.
4.The learned Writ Court found that the property has been sold in
public auction and in such circumstances, unless and until the sale is question
in the manner known to law, the prayer for issuance of writ of Mandamus is
not maintainable.
5.We are in full agreement with the view taken by the learned writ
Court and find that absolutely there is no ground to interfere with the order of
the Writ Court.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1230 of 2021
6. Accordingly, the writ appeal fails and the same is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
16.06.2021
Index : Yes / No
Internet : Yes / No
RM
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.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1230 of 2021
To
1.The District Collector
Madurai District,
Madurai.
2.The Registrar of Co-operative Societies,
O/o.Registrar of Co-operative Societies,
Kilpauk,
Chennai.
3.The Deputy Registrar of Co-operative Societies,
O/o.Deputy Registrar of Co-operative Societies,
41, Krishnarayar Theppakulam Street,
Madurai - 20.
4.The Secretary
A2919, Therkutheru Agricultural Co-operative Society,
Therkutheru,
Melur Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1230 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.1230 of 2021
16.06.2021
https://www.mhc.tn.gov.in/judis/
