Madras High Court
L.Indira vs The Registrar Of Co-Operative ... on 30 September, 2021
W.A.No.2449 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM
THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.A.No.2449 of 2021
L.Indira ... Appellant
vs
1. The Registrar of Co-operative Societies,
Office of the Registrar of Co-operative Societies,
No.170, EVR Periyar Road, Kilpauk,
Chennai 600 010.
2. The Managing Director,
Chennai Central Co-operative Bank Ltd.,
No.215, Prakhasam Salai,
Chennai 600 108.
3. The Branch Manager,
Chennai Central Co-operative Bank Ltd.,
Thirumangalam Branch,
Anna Nagar,
Chennai 600 040.
4. The Assistant Manager,
Chennai Central Co-operative Bank Ltd.,
Thirumangalam Branch,
Anna Nagar, Chennai 600 040.
https://www.mhc.tn.gov.in/judis/
1/5
W.A.No.2449 of 2021
5. The Superintendent of Police,
CCIW, CID, Anna Nagar,
Chennai 600 040 ... Respondents
****
Prayer : Writ Appeal filed under clause 15 of the Letters Patent to set aside the
order dated 11.06.2021 made in W.P.No.10129 of 2016.
****
For Appellant : Ms.A.L.Ganthimathi
For Respondents-1 & 5 : Mr.D.Ravichander,
State Government Counsel
For Respondents-2 to 4 : Mr.L.P.Shanmugasundaram
JUDGMENT
[Judgment of the Court was delivered by PUSHPA SATHYANARAYANA, J.]
This Writ Appeal is directed against the order of the learned Single
Judge dated 11.06.2021 made in W.P.No.10129 of 2016, wherein, the writ
petitioner sought for a direction to respondents 2 to 4 to return her jewels,
which were placed against the jewel loan A/c.No.233135193 dated 19.02.2013
on payment of balance of the principal amount along with interest till date.
https://www.mhc.tn.gov.in/judis/
W.A.No.2449 of 2021
2. The only ground raised by the appellant/writ petitioner is that there
was no notice before the jewels were sold by the respondents. While disposing
the said writ petition, the learned Single Judge had found that there was no
auction notice published in “Malai Malar” dated 12.07.2014 by the respondents
intimating about the auction to be held on 17.07.2014, though the actual auction
was conducted only on 26.07.2014. Now, the appellant /writ petitioner disputes
the number of jewels or even the weight in terms of grams of jewels. The
learned Single Judge also held that these disputed question of facts, cannot be
decided by this Court under Article 226 of the Constitution of India and granted
liberty to the writ petitioner to approach the District Registrar of Co-operative
Societies (Credit), Chennai – 108 by filing suitable application under Section
90 of the Tamil Nadu Co-operative Societies Act, 1988 within a period of 30
days from the date of receipt of a copy of that order.
3. The learned counsel appearing for the appellant agreed that the
appellant can agitate the dispute before the District Registrar of Co-operative
Societies (Credit), Chennai – 108.
4. Accordingly, the said liberty granted by the learned Single Judge
in paragraph 16 of the order dated 11.06.2021 made in W.P.No.10129 of 2016,
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W.A.No.2449 of 2021
is confirmed and the writ appeal is disposed of. It is made clear that 30 days
period would operate from the the date of receipt of a copy of this judgment.
No costs.
[P.S.N., J.] [K.R., J.]
30.09.2021
Index : Yes/No
srn
To
1. The Registrar of Co-operative Societies,
Office of the Registrar of Co-operative Societies,
No.170, EVR Periyar Road, Kilpauk,
Chennai 600 010.
2. The Managing Director,
Chennai Central Co-operative Bank Ltd.,
No.215, Prakhasam Salai,
Chennai 600 108.
3. The Branch Manager,
Chennai Central Co-operative Bank Ltd.,
Thirumangalam Branch,
Anna Nagar,
Chennai 600 040.
4. The Assistant Manager,
Chennai Central Co-operative Bank Ltd.,
Thirumangalam Branch,
Anna Nagar, Chennai 600 040.
5. The Superintendent of Police,
CCIW, CID, Anna Nagar,
Chennai 600 040
https://www.mhc.tn.gov.in/judis/
W.A.No.2449 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A.No.2449 of 2021
30.09.2021
https://www.mhc.tn.gov.in/judis/
