[Cites 1, Cited by 0]
Madras High Court
Kalidurai vs The District Registrar on 17 March, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.(MD)No.7195 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD)No.7195 of 2026
Kalidurai ... Petitioner
-vs-
1.The District Registrar,
Agricultural Cooperative Department,
Tenkasi District.
2.The Secretary,
0.2009, Govindaperi Primary Agricultural Cooperative Bank Ltd.,
Ravanasamudaram,
Tirunelveli District.
3.S.Murugan,
S/o.Sankaranarayanan,
Door No.33, Sivasailam Road,
Alwarkurichi Village, Kadayam Taluk,
Tenkasi District. ... Respondents
[R3 is suo motu impleaded vide order dated 17.03.2026,
made in W.P.(MD)No.7195 of 2026]
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 and 2 to permit the
petitioner to withdraw the deposit amount with accrued interest in respect of A/c.
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W.P.(MD)No.7195 of 2026
Nos.2637, 2638, 2589, 2590, 2594, 2595 at 0.2009, Govindaperi Primary
Agricultural Co-operative Bank Ltd., Ravanasamudaram, forthwith.
For Petitioner : Mr.S.Chellapandian
For R1 & R2 : Mr.S.Kameswaran
Government Advocate
For R3 : Ms.V.Janaki Devi
ORDER
The prayer in the writ petition is to direct the respondents to permit the
petitioner to withdraw the deposit amounts, along with accrued interest, in respect
of Account Nos.2637, 2638, 2589, 2590, 2594 and 2595, maintained with
Govindaperi Primary Agricultural Co-operative Bank Ltd., Ravanasamudaram.
2. Upon hearing the learned counsel on either side and upon perusal of the
materials available on record, it is seen that the aforesaid deposits were made by
one Sankaranarayanan, who is the father of the third respondent. The petitioner
claims to be the nephew of the said Sankaranarayanan and asserts rights over the
subject amounts on the basis of a Will, under which he is also stated to have
certain obligations. It is his further case that he is in urgent need of the said funds.
Since his request for withdrawal was not acceded to, the present writ petition has
been filed.
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3. The learned Government Advocate appearing for the Co-operative
Society submitted that the petitioner and the third respondent are rival claimants
with respect to the subject matter and that civil suits are pending between them.
4. The learned counsel appearing for the third respondent submitted that
suits for permanent injunction and declaration, based on the alleged Will, were
filed by both parties and that the said suits and cross-suits have been dismissed. It
is further submitted that appeals in A.S.Nos.59, 60 and 62 of 2024 are presently
pending on the file of the learned Subordinate Judge, Tenkasi.
5. I have considered the submissions made on either side and perused the
materials on record.
6. In view of the fact that the substantial issues relating to title inheritance
and entitlement are pending adjudication before the competent Civil Court, it
would not be appropriate for the Co-operative Society to undertake any
independent determination in this regard. Accordingly, this Writ Petition is
disposed of with a direction to the learned Subordinate Judge, Tenkasi, to give
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priority to A.S.Nos.59, 60 and 62 of 2024 and dispose of the same as
expeditiously as possible. The Co-operative Society shall, thereafter, act in
accordance with the outcome of the said proceedings and release the funds to the
party found entitled thereto.
7. Considering the urgency expressed by the petitioner, the learned
Subordinate Judge, Tenkasi, is requested to dispose of the appeals as early as
possible, and in any event, within a period of six (6) months from the date of
receipt of a web copy of this order.
No costs.
17.03.2026
Neutral Citation : No (2/2)
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Copy to:-
The Subordinate Judge,
Tenkasi.
To:-
1.The District Registrar,
Agricultural Cooperative Department,
Tenkasi District.
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2.The Secretary,
0.2009, Govindaperi Primary Agricultural Cooperative Bank Ltd.,
Ravanasamudaram,
Tirunelveli District.
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D.BHARATHA CHAKRAVARTHY, J.
smn2
17.03.2026
(2/2)
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