Madras High Court
Sankari vs The Deputy Registrar Of Co Operative ... on 22 May, 2025
WP No. 18790 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2025
CORAM
THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN
WP No. 18790 of 2025
AND
WMP NO. 21039 OF 2025
Sankari
Petitioner
Vs
1. The Deputy Registrar Of Co Operative Societies,
Office Of The Deputy Registrars Office,
No.6 Thulasingam Street, Sankaranpalayam,
Vellore-632001.
2.The Co-opertative Sub-registrar/ The Sale Office
Office Of The Deputy Registrars Office, No.6,
Thulasingam Street, Sankaranpalayam,
Vellore -632001.
3.The President Administrator
C-2555 Valathur Primary Agricultural,
Co-operative Society, Valathur Village & Post,
Gudiyattam Taluk, Vellore District.
Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking a Writ of Certiorari to call for records relating to 2nd respondent
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WP No. 18790 of 2025
impugned Notice in Execution Petition No.17/2003/2004 dated 22.04.2025 and
quash the same.
For Petitioner : Mr.S. Sairaman
For Respondents : Mr.M.Muthusamy,
Government Advocate
ORDER
The petitioner seeks for the following reliefs:
“to call for records relating to 2nd respondent impugned
Notice in Execution Petition No.17/2003/2004 dated
22.04.2025 and quash the same.”
2. The petitioner states that the first schedule to the property details,
which is the subject matter of this writ petition, was inherited by her, pursuant to
partition deed dated 26.06.1999. Insofar as the second schedule is concerned,
she had purchased it out of her own funds in the year 1988. On account of the
fact that her husband, who was the Secretary of the third respondent / Society, is
alleged to have committed misfeasance/malfeasance, attachment proceedings
have been initiated.
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3. The petitioner states that as against the order imposing liability on her,
she has preferred an appeal in CMA.No.1 of 2024 on the file of the learned
Principal District Judge (Co-operative Tribunal) at Vellore and the same is
pending for judgment. She has approached this court on account of the fact that
the impugned order has come to be passed, even before the appeal has been
disposed of.
4. I heard Mr.S.Sairaman, for the petitioner and Mr.M.Muthusamy,
Government Advocate for the respondents.
5. The pendency of the appeal is not in dispute. If the appeal is allowed,
the entire proceedings as against the petitioner would stand nullified. If I were
to quash the proceedings, then the exercise has to be done all over again.
6. Mr.M.Muthusamy states that the proceedings initiated by the second
respondent will be deferred by a period of four weeks awaiting the judgment of
the learned Principal District Judge.
7. There shall be a direction to the second respondent to adjourn the
execution proceedings in E.P.No.17/2003/2004 to 07.07.2025. There shall be a
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direction to the learned Principal District Judge at Vellore to pass orders in
CMA.No.1 of 2023 by 30.06.2025.
8. Registry is directed to mark a copy of this order to the learned Principal
District Judge (Co-operative Tribunal), Vellore.
9. With the above directions, the Writ Petition stands disposed of. No
costs. Consequently, the connected miscellaneous petition is closed.
22-05-2025
nl
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1. The Deputy Registrar Of Co Operative Societies,
Office Of The Deputy Registrars Office,
No.6 Thulasingam Street, Sankaranpalayam,
Vellore-632001.
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2.The Co-opertative Sub-registrar/ The Sale Office
Office Of The Deputy Registrars Office, No.6,
Thulasingam Street, Sankaranpalayam,
Vellore -632001.
3.The President Administrator
C-2555 Valathur Primary Agricultural,
Co-operative Society, Valathur Village & Post,
Gudiyattam Taluk, Vellore District.
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V.LAKSHMINARAYANAN J.
nl
WP No. 18790 of 2025 and
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22-05-2025
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