W.A(MD) No.2240 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.08.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.A(MD) No.2240 of 2025 and C.M.P.(MD)Nos.12735 & 12736 of 2025 S.Vivek Muthiah ... Appellant / Petitioner Vs. 1.The Deputy Registrar of Cooperative Societies, O/o.The Deputy Registrar of Cooperative Societies, Madurai Circle, Palanganatham, Madurai-625 003. 2.A.2401 Othakadai Cooperative Urban Credit Society, Rep. though its Secretary, Melur Main Road, Y.Othakadai, Madurai. 3.The Sub Registrar No.I, O/o.The Joint Sub-Registrar, Madurai North, Y.Othakkadai, Madurai-625 102. ... Respondents / Respondents 1/5 https://www.mhc.tn.gov.in/judis W.A(MD) No.2240 of 2025 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order passed by this Court in W.P.(MD)No. 18373 of 2015, dated 07.07.2025 and dismiss the writ petition. For Appellant : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.N.Ramesh Arumugam Government Advocate JUDGMENT (Judgment of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides. 2. The appellant's father was the president of the second respondent Co-operative Society. He suffered an order of surcharge. Challenging the same, he filed C.M.A.(CS)No.41 of 2022 on the file of the Co-operative Tribunal (PJD), Madurai. During the pendency of CMA, he passed away. The first respondent herein sent communication to the registering authority so as to make an entry regarding the passing of surcharge order so that the said entry will be reflected as against the property inherited by the petitioner from his father. Challenging the 2/5 https://www.mhc.tn.gov.in/judis W.A(MD) No.2240 of 2025 same, the appellant filed W.P.(MD)No.18373 of 2025. The learned single Judge vide order dated 07.07.2025 dismissed the writ petition. Aggrieved by the same, this writ appeal has been filed. 3. It is admitted by the appellant that the properties which are sought to be brought under a cloud are not his self acquired properties. They were inherited from his father. The appellant's father had suffered an order of surcharge. Therefore, till the appeal filed against the surcharge order is concluded, the appellant cannot be permitted to alienate or deal with the property. However, in the interest of justice, we direct the learned Principal District Judge, Madurai to dispose of C.M.A. (CS)No.41 of 2022 on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. We have not gone into the merits of the matter. Till the said CMA is disposed of, the properties that have now been encumbered will not be brought to auction. 3/5 https://www.mhc.tn.gov.in/judis W.A(MD) No.2240 of 2025 4. With the aforesaid direction, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S., J.) (K.R.S., J.) 08.08.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The Deputy Registrar of Cooperative Societies, O/o.The Deputy Registrar of Cooperative Societies, Madurai Circle, Palanganatham, Madurai-625 003. 2.A.2401 Othakadai Cooperative Urban Credit Society, Rep. though its Secretary, Melur Main Road, Y.Othakadai, Madurai. 3.The Sub Registrar No.I, O/o.The Joint Sub-Registrar, Madurai North, Y.Othakkadai, Madurai-625 102. 4/5 https://www.mhc.tn.gov.in/judis W.A(MD) No.2240 of 2025 G.R.SWAMINATHAN, J. AND K.RAJASEKAR, J. rmi W.A(MD) No.2240 of 2025 08.08.2025 5/5 https://www.mhc.tn.gov.in/judis