B.Nesamanikandan v. The Deputy Registrar (Co-operative),
WP/11778/2023 · 2026-07-22
K Surender
Transfer Petitionbody2023
DailyLaw.ai
[ 2023 DAILYLAW 5596 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 5596 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP Nos.11778 and 12080 of 2023 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22/7/2026 C O R A M THE HON'BLE MR.JUSTICE K. SURENDER WP Nos. 11778 and 12080 of 2023 a n d W.M.P.Nos.11663 and 11925 of 2023 B. Nesamanikandan … Petitioner in both the writ petitions Vs
1. The Deputy Registrar (Co-operative) Namakkal District. 2. Singalanthapuram Primary Agriculture Co-operative Credit Society rep. By its Special Officer Rasipuram Taluk Namakkal District. … First and second respondents in both the writ petitions
3. The Sales Officer Cooperative Sub-Registrar/Field Officer Rasipuram Taluk. … Third respondent in W.P.No.12080 of 2023 PRAYER in W.P.No.11778 of 2023: Writ Petition filed under Article 226 of Constitution of India seeking Writ of certiorarified mandamus to call for the entire records of the first respondent pertaining to the proceedings of the first respondent dated 29/1/2010 in Order No.Na.Ka.3658/2009/sa pa & Execution Petition No.82/2009/sa pa, dated 14/3/2023 issued by the first respondent, quash https://www.mhc.tn.gov.in/judis
WP Nos.11778 and 12080 of 2023 __________ Page2 of 6 the Form No.6 dated 14/3/2023 issued by the first respondent as far as the petitioner is concerned and direct the respondents as not to take any action against the petitioner and his properties either at present or at any future period, as the properties stated in the Schedule of Form No.6 are the exclusive properties of the petitioner. PRAYER in W.P.No.12080 of 2023: Writ Petition filed under Article 226 of Constitution of India seeking Writ of certiorarified mandamus to call for the entire records of the first respondent pertaining to the proceedings of the first respondent dated 29/1/2010 in Order No.Na.Ka.3658/2009/sa pa & Execution Petition No.82/2009/sa pa, dated 14/3/2023 issued by the first respondent and Form No.6 dated 14/3/2023 issued by the first respondent and quash Form No.7 dated 10/4/2023 as far as the petitioner is concerned and direct the respondents as not to take any action against the petitioner and his properties either at present or at any future period, as the properties stated in the Schedule of Form No.7 are the exclusive properties of the petitioner.
For petitioner … Mr.N.Sivaprakash For respondents … Mr.R.Chakkaravarthy Government Counsel - - - - - https://www.mhc.tn.gov.in/judis
WP Nos.11778 and 12080 of 2023 __________ Page3 of 6 C O M M O N O R D E R W.P.No.11778 of 2023 has been filed to quash the proceeding of the first respondent dated 29/1/2010 in Order No.Na.Ka.3658/2009/sa pa; Execution Petition No.82/2009/sa pa, dated 14/3/2023 and Form No.6 dated 14/3/2023 issued by the first respondent and direct the respondents not to take any action against the petitioner and his properties stated in the Schedule of Form No.6 . 2. W.P.No.12080 of 2023 has been filed to quash the proceeding of the first respondent dated 29/1/2010 in Order No.Na.Ka.3658/2009/sa pa; Execution Petition No.82/2009/sa pa, dated 14/3/2023; Form No.6 dated 14/3/2023 issued by the first respondent and Form No.7 dated 10/4/2023 issued by the third respondent and direct the respondents not to take any action against the petitioner and his properties stated in the Schedule of Form No.7. 3. Heard Mr.N.Sivaprakash, learned counsel for the petitioner and Mr.R.Chakkaravarthy, Government Counsel for the respondents. 4. Today, when these matters are taken up for hearing, Mr.R.Chakkaravarthy, Government Counsel appearing for the respondents submitted that since the entire amount was already recovered, Society won’t take any further proceeding against the petitioner. To substantiate his case, he https://www.mhc.tn.gov.in/judis
WP Nos.11778 and 12080 of 2023 __________ Page4 of 6 has produced a memo, dated 21st July, 2026, signed by the Secretary, S 1285, Singalandapuram Primary Agriculture Cooperative Credit Society, Namakkal District/second respondent to that effect and the operative portion of the same read as follows:-
“4. After filing of the writ petitions, one of the delinquent Ex-President S.K.Subramani paid the entire amount along with interest of Rs.29,75,550/- on 13/7/2023, there after the Society raised the attached encumbrance and the property, except the petitioner’s property due to the pendency of the above writ petitions, the second respondent Society unable to remove the attachment, therefore, it is necessary to dispose the above writ petitions. 5. The entire amount already recovered, hence the Society didn’t take any further proceeding against the petitioner. 6. Recording the same, the above writ petitions shall be disposed of.” https://www.mhc.tn.gov.in/judis
WP Nos.11778 and 12080 of 2023 __________ Page5 of 6
5. Recording the memo filed by the second respondent, these writ petitions are disposed of.
Memo filed on behalf of the second respondent shall form part of the record. No costs. Consequently, connected Miscellaneous Petitions are closed. (K.SURENDER J) 22nd July, 2026 Index: Yes/No Neutral Citation: Yes/No mvs. To
1. The Deputy Registrar (Co-operative) Namakkal District. 2. Singalanthapuram Primary Agriculture Co-operative Credit Society rep. By its Special Officer Rasipuram Taluk Namakkal District. 3. The Sales Officer Cooperative Sub-Registrar/Field Officer Rasipuram Taluk. https://www.mhc.tn.gov.in/judis
WP Nos.11778 and 12080 of 2023 __________ Page6 of 6 K.SURENDER,J mvs. WP Nos. 11778 and 12080 of 2023 22/7/2026 https://www.mhc.tn.gov.in/judis