Madras High Court
M.Kuppachi vs The Deputy Registrar Co-Operative ... on 28 April, 2025
W.P.(MD)No.12373 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.12373 of 2025
M.Kuppachi : Petitioner
Vs.
1. The Deputy Registrar Co-operative Societies,
Office of Deputy Registrar Cooperative Society,
Palani Zone, 11/223 Raja Nagar,
Lakshmipuram,
Palani,
Dindigul District.
2. The Secretary,
A693, Vellapommanpatti,
Primary Agriculture Credit Society,
Vellapommanpatti,
Thummalakundu Post,
Vadamadurai Via,
Vedachandur Taluk,
Dindigul. : Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the first respondent to
receive the surcharge amount of Rs.12,96,742/- from the petitioner by
waiving the interest portion of 18 percent or by modifying the interest
1/6
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W.P.(MD)No.12373 of 2025
portion of Na.Ka.No.3391/2021/sapa dated 10.10.2022 and consequently
direct the 1st respondent to raise the attachment and drop further
proceedings of sale in E.P.No.20/2023-2024 on the file of the 1st
respondent pertaining to properties in Survey Nos.1502/3p1, 1494,
1501/3A and 1502/2 situated at VAdamadurai village, Vedachandur
Taluk, Dindigul District.
For Petitioner : Mr. E.Satheesh
For Respondents : Mr.C.Venkatesh Kumar
Spl. Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the
first respondent to accept the surcharge amount of Rs.12,96,742/- from
the petitioner by waiving the interest portion of 18% or by suitably
modifying the interest component mentioned in Na.Ka.No.
3391/2021/sapa, dated 10.10.2022 and consequently to direct the first
respondent to lift the attachment and drop further proceedings in E.P. No.
20/2023–2024, pending on the file of the first respondent, in respect of
the properties situated in Survey Nos.1502/3P1, 1494, 1501/3A, and
1502/2 at Vadamadurai Village, Vedachandur Taluk, Dindigul District.
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2. Heard the learned counsel for the parties. By consent of
both parties, the Writ Petition is taken up for final disposal at the
admission stage itself.
3. When the matter was taken up for hearing, the learned
counsel for the parties submitted that a similar issue has already been
decided by this Court in W.P.(MD) No.24599 of 2024, dated 17.03.2025,
wherein, this Court passed a favourable order to the petitioner therein.
However, the learned Special Government Pleader appearing for the
respondents submitted that the interest on the surcharge amount payable
by the petitioner may be fixed at 10%.
4. Admittedly, this Court has dealt with a similar issue in
W.P.(MD) No. 24599 of 2024, dated 17.03.2025 and has passed a
favourable order to the petitioner therein and the relevant portion of the
same is extracted as follows:
“7. In the judgment relied upon by the learned counsel
appearing for the petitioner in WP(MD)No.23582 of 2022
dated 18.10.2022, this Court has fixed the interest at the rate
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of 6% per annum, which would be reasonable for the
surcharge amount payable by the petitioner and hence, in this
case also, the interest rate is fixed at 6%.
8. Considering the aforesaid submissions and also
considering the facts and circumstances of this case, this Court
directs the petitioner to pay the surcharge amount of Rs.
5,66,802/- along with interest at the rate of 6% per annum to
the first respondent within a period of two months from the
date of receipt of a copy of this order and the first respondent,
in turn shall receive the said amount and release the
petitioner's property which has been attached for sale. In case
of failure on the part of the petitioner to pay the amount as
aforesaid, the authorities are at liberty to proceed further in
accordance with law.”
5. In view of the submissions made and after perusal of the
order passed by this Court in W.P.(MD) No.24599 of 2024, dated
17.03.2025 , which addresses an identical issue, this Court finds that the
petitioner is entitled to similar relief. Therefore, this Court directs the
petitioner to pay the surcharge amount of Rs.12,96,742/- along with
interest at the rate of 10% per annum to the first respondent within a
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period of two months from the date of receipt of a copy of this order and
the first respondent, in turn shall receive the said amount and release the
petitioner's property which has been attached for sale. In case of failure
on the part of the petitioner to pay the amount as aforesaid, the
authorities are at liberty to proceed further in accordance with law.
6. With the above directions, this writ petition stands
disposed of. No costs.
28.04.2025
Index : Yes / No
Internet : Yes / No
PKN
To
1. The Deputy Registrar Cooperative Societies,
Office of Deputy Registrar Cooperative Society,
Palani Zone, 11/223 Raja Nagar,
Lakshmipuram,
Palani,
Dindigul District.
2. The Secretary,
A693, Vellapommanpatti,
Primary Agriculture Credit Society,
Vellapommanpatti, Thummalakundu Post,
Vadamadurai Via,
Vedachandur Taluk,
Dindigul.
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VIVEK KUMAR SINGH, J.
PKN
28.04.2025
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