Madras High Court
Ester Bai Evanjalin Prema vs The Joint Registrar Of ... on 25 August, 2023
W.A(MD)Nos.721 and 727 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A(MD)No.721 of 2023
and
C.M.P(MD)Nos.6245 and 6247 of 2023
and
W.A(MD)No.727 of 2023
and
C.M.P(MD)Nos.6273 and 6275 of 2023
W.A(MD)No.721 of 2023:
Ester Bai Evanjalin Prema
... Writ Appellant/Petitioner
Vs.
1.The Joint Registrar of Co-operative Societies,
Thoothukudi,
Thoothukudi District.
2.The Deputy Registrar of Co-operative Societies / District Registrar,
Thiruchendur,
Thoothukudi District.
3.The Managing Director,
Thoothukudi District Central Cooperative Bank,
Thoothukudi.
4.The Management,
Kurumbur Primary Agricultural Cooperative Credit Society,
Kurumbur, Eral Taluk,
Thoothukudi District.
1/8
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W.A(MD)Nos.721 and 727 of 2023
5.The Cooperative Sub-Registrar,
Field Officer / (Alwar Thirunagari / Sales Officer),
Kurumbur Primary Agricultural Cooperative Credit Society,
Kurumbur, Eral Taluk,
Thoothukudi District.
6.Koilraj
7.M.Singeswara Raja ... Respondents
(Respondents 6 and 7 are impleaded vide Court order dated
25.08.2023 made in C.M.P(MD)No.8863, 8866 and 1019 of
2023 in W.A(MD)Nos.721, 727 and 721 of 2023 by
SSRJ and DBCJ)
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order made in W.P(MD)No.10709 of 2023, dated 28.04.2023.
W.A(MD)No.727 of 2023:
Ester Bai Evanjalin Prema .... Appellant/Petitioner
vs.
1.The Joint Registrar of Co-operative Societies,
Thoothukudi,
Thoothukudi District.
2.The Deputy Registrar of Co-operative Societies / District Registrar,
Thiruchendur,
Thoothukudi District.
3.The Managing Director,
Thoothukudi District Central Cooperative Bank,
Thoothukudi.
4.The Management/Secretary,
Kurumbur Primary Agricultural Cooperative Credit Society,
Kurumbur, Eral Taluk,
Thoothukudi District.
2/8
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W.A(MD)Nos.721 and 727 of 2023
5.Jeevarani
(5th respondent is impleaded vide Court order
dated 25.08.2023 made in C.M.P(MD)Nos.8863, 8866 and
10192 of 2023 in W.A(MD)Nos.721, 727 and 721 of 2023 by
SSSRJ and DBCJ)
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order made in W.P(MD)No.7400 of 2023, dated 18.04.2023.
(in both W.As)
For Appellant :Mr.K.Gokul
For R-1 & R-2 :Mr.Veera Kathiravan,
Additional Advocate General, assisted by
Mr.J.Ashok,
Additional Government Pleader
For R-3 & R-4 :Mr.D.Shanmuga Raja Sethupathi
***
COMMON JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
Heard the learned counsel appearing on either side.
2. These two writ appeals are directed against the order passed by
the learned Single Judge adjourning the writ petitions.
3. The orders impugned in the writ appeals are not in the nature of
deciding the rights of parties.
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W.A(MD)Nos.721 and 727 of 2023
4. The order impugned in W.A(MD)No.721 of 2023 is an order
dated 28.04.2023 made in W.P(MD)No.10709 of 2023. Relevant portion of
the said order reads as follows:
“3. The petitioner cannot expect any orders to be
passed, particularly, when the earlier writ petition is pending.
The Registry may, therefore, place this particular writ petition
along with W.P(MD).No.20063 of 2021, before the Hon'ble
Administrative Judge to be listed together.
4. I am also informed that the petitioner has filed yet
another writ petition in W.P(MD).No.7400 of 2023, wherein this
Court had directed that the sale proceedings could proceed. That
writ petition may also be listed along with the present writ
petition.
5. Mr.K.S.Selva Ganesan, learned Special Government
Pleader takes notice for the respondents 1, 2, 4 and 5.
6. Mr.D.Shanmugaraja Sethupathy, learned counsel
takes notice for the third respondent.
7. The Registry may list the present writ petition along
with the aforementioned writ petitions in accordance with the
directions given by the Hon'ble Administrative Judge.”
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W.A(MD)Nos.721 and 727 of 2023
5. The writ appeal in W.A(MD)No.727 of 2023 is directed as against
the order, dated 18.04.2023 passed in W.P(MD)No.7400 of 2023, which
reads as follows:
“It is again reiterated that the Property cannot be
brought on sale unless the petitioner is put on notice.
Call the matter once again on 06/06/2023.
After this order dictated, the learned counsel for
the Petitioner raised objections. It is now clarified that the
claim petition may be numbered, but still the property can
be brought on auction, whether notice issued or not sent.
The pendency of the claim petition cannot be a
bar to bring the property on sale.”
6. In W.P(MD)No.10709 of 2023, the petitioner has challenged the
order directing auction of a property which is claimed to be the property of
the appellant, consequent to the proceedings initiated as against her
husband for misappropriation. The total amount stated to be
misappropriated by the appellant’s husband runs into several crores not
less than 13 crores.
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W.A(MD)Nos.721 and 727 of 2023
7. The appellant/writ petitioner has earlier filed
W.P(MD)No.7400 of of 2023, questioning the order of attachment and the
writ petition is still pending and no interim order is passed therein.
8. The appellant has not given the particulars to convince this
Court that she had sufficient means to acquire the property on her own.
9. Having regard to the nature of order passed by the learned
Single Judge, Letters Patent appeal is not maintainable. Even otherwise,
this Court is not convinced by the reasons stated by the appellant for
granting interim order having regard to the nature of allegations and the
amount involved. Therefore, these writ appeals are dismissed. However,
the learned Single Judge is directed to dispose of the writ petitions as
expeditiously as possible, preferably, within a period of eight weeks from the
date of receipt of this judgment. No Costs. Consequently, connected
miscellaneous petitions are closed.
[S.S.S.R., J.] [D.B.C., J.]
25.08.2023
Index : Yes / No
NCC : Yes/No
pm
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.721 and 727 of 2023
To
1.The Joint Registrar of Co-operative Societies,
Thoothukudi,
Thoothukudi District.
2.The Deputy Registrar of Co-operative Societies / District Registrar,
Thiruchendur,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.721 and 727 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
pm
W.A(MD)Nos.721 and 727 of 2023
25.08.2023
https://www.mhc.tn.gov.in/judis
