The Administration/Secretary vs V.Thirupathi ... 1St
2025 Latest Caselaw 7054 Mad

Madras High Court

The Administration/Secretary vs V.Thirupathi ... 1St on 15 September, 2025

Author: Anita Sumanth

Bench: Anita Sumanth

                                                                                          W.A(MD)No.2663 of 2025

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 15.09.2025

                                                           CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                                W.A(MD)No.2663 of 2025
                                                        and
                                               C.M.P(MD)No.15111 of 2025

                     The Administration/Secretary,
                     O.114, Sevalkulam Primary Agricultural
                       Co-operative Credit Society,
                     Sevalkulam, Thiruvenkadam Taluk,
                     Tenkasi District.             ... Appellant/2nd Respondent

                                                                 Vs.

                     1.V.Thirupathi                      ... 1st Respondent/Writ Petitioner

                     2.The District Registrar,
                       Deputy Registrar of Co-operative Society,
                       Sankarankovil,
                       Tenkasi District.          ... 2nd Respondent/1st Respondent

                     PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set
                     aside the order made in W.P.(MD)No.15187 of 2024 dated 15.07.2024 on
                     the file of this Court.



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                                                                                        W.A(MD)No.2663 of 2025

                                  For Appellant        : Mr.K.Mandela Anand
                                                         for Mr.S.Kumar

                                  For R – 1            : Mr.K.Gokul

                                  For R – 2            : Mr.S.P.Maharajan
                                                         Special Government Pleader

                                                      JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.)

The present appeal is filed challenging an order dated

15.07.2024 passed in W.P(MD)No.15187 of 2024.

2.The challenge therein was to auction notices issued during

the pendency of surcharge proceedings under the Tamil Nadu

Co-operative Societies Act, 1983. The Writ Petition came to be disposed,

the writ Court noticing that if the total demand of Rs.16,94,611/- was

paid, then the auction would not be conducted.

3.Mr.K.Mandela Anand, learned counsel appearing for the

appellant, would accede the position that the aforesaid amount has

indeed been paid and hence, the auction also did not transpire.

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4.In such circumstances, it is a mystery as to why the present

Writ Appeal has been filed. Learned counsel appearing for the appellant

seeks to justify the same by referring to subsequent surcharge

proceedings that have been recently initiated. However, that constitutes a

separate cause of action, unconnected with the present Writ Appeal and

does not justify its filing.

4.In light of the aforesaid, we find no justification whatsoever

for filing of the present appeal.

5.Accordingly, this Writ Appeal is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

                                                                       [A.S.M.J.,] & [C.K.J.,]
                                                                             15.09.2025
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes
                     ps







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                     To

                     The District Registrar,

Deputy Registrar of Co-operative Society, Sankarankovil, Tenkasi District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps

15.09.2025

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