Madras High Court
S.Sairam vs The Deputy Registrar Of on 28 July, 2023
W.A.(MD) No.1215 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1215 of 2023
and
C.M.P.(MD) No.9139 of 2023
S.Sairam ... Appellant
-vs-
1.The Deputy Registrar of
Co-operative Societies
Nagercoil
2.The President
Y.48, Mylaudi Primary Agriculture
Co-operative Society
Mylaudi
Kanyakumari District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 26.06.2023, passed in W.P.(MD) No.14868 of 2023, on the file of
this Court.
____________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1215 of 2023
For Appellant : Mr.B.Saravanan, Senior Counsel
assisted by Mr.A.S.Abdul Kalaam Azad
for M/s.Spicy Law Firm
For Respondents : Mr.M.Lingadurai
Special Government Pleader for R1
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
This writ appeal is directed against the order of the learned Single
Judge, dated 26.06.2023, dismissing the writ petition in W.P.(MD) No.14868
of 2023 filed by the appellant herein challenging the auction sale notice issued
by the first respondent, under Rule 126 of the Tamil Nadu Co-operative
Societies Rules, 1988, in E.P.No.1/2022-23, dated 30.05.2023.
2. The appellant was the President of Mylaudi Primary
Agricultural Co-operative Society in Kanyakumari District from 09.05.2013 till
29.04.2018. Subsequently, after a newly elected board taking charge of the
Society, alleging misappropriation of funds, surcharge proceedings were
initiated against the appellant. It is the case of the appellant that the
property, which was partitioned long before the surcharge proceedings and
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1215 of 2023
sold to third parties, is being proceeded under Rule 126(2)(a) of the Tamil
Nadu Co-operative Societies Rules, 1988. The appellant states that he has
already sold the property to third parties, after sub-division and therefore, the
property cannot be attached. It was reported before the learned Single Judge
by the learned Additional Government Pleader that the purchasers have
already filed claim petitions and therefore, the appellant has no locus standi to
approach this Court by way of a parallel proceedings.
3. This Court finds that the appellant indirectly seeks to stall the
sale proceedings initiated pursuant to the order that is sought to be executed
through the Civil Court. When the persons interested / purchasers have filed
claim petitions, wherein the appellant is also made as a party to the
proceedings, he cannot maintain parallel proceedings i.e. writ proceedings
before this Court, merely because he has sold the property after sub-division
and that the purchasers may have claims on account of the surcharge
proceedings. Rather, he has to workout his remedy in the pending claim
application filed by the purchasers of the property in the manner known to
law. In that view of the matter, this Court finds no merit in this writ appeal.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1215 of 2023
4. Hence, this writ appeal is devoid of merits and the same is
therefore dismissed. However, it is open to the appellant to join with the
claimants / purchasers in pursuing the claim applications by supporting their
stand. No costs. Consequently, connected miscellaneous petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
28.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Deputy Registrar of
Co-operative Societies,
Nagercoil.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1215 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
krk
W.A.(MD) No.1215 of 2023
and
C.M.P.(MD) No.9139 of 2023
28.07.2023
____________
https://www.mhc.tn.gov.in/judis
