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2025 DAILYLAW 185673 (MAD)

P.MISA, W/O.P.PITCHAPANDI v. THE DEPUTY REGISTRAR OF

WP(MD)/11329/2016 · 2025-10-13

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) Nos.11329 and 11415 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) Nos.11329 and 11415 of 2016 and W.M.P(MD).Nos.8687, 8733 and 8734 of 2016 W.P(MD).No.11329 of 2016 P.Misa ... Petitioner -vs- 1.The Deputy Registar of Co-operative Societies, Palani Region, Palani, Dindigul District. 2.The Sub-Registrar, Department of Registration, Batlagundu, Nilakottai Taluk, Dindigul District. 3.DD97-Vadakavunji Primary Agricultural Co-operative Credit Society, Vadakavunji, Kodaikanal Taluk, Dindigul District, rep., through its President, A.Kariammal 4.Raja ... Respondents _________ https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.11329 and 11415 of 2016 Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings C.E.P. 20/2015-2016 dated 30.06.2015 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and without jurisdiction and consequently directing the respondents 1 and 2 to pass appropriate orders to remove the attachment order dated 30.06.2015 pertaining to the properties purchased by the petitioner through sale deed Doc No.1633/2015 dated 14.05.2015 from the Encumbrance Register maintained by the second respondent. W.P(MD).No.11415 of 2016 A.Muthulakshmi ... Petitioner -vs- 1.The Deputy Registar of Co-operative Societies, Palani Region, Palani, Dindigul District. 2.The Sub-Registrar, Department of Registration, Batlagundu, Nilakottai Taluk, Dindigul District. 3.DD97-Vadakavunji Primary Agricultural Co-operative Credit Society, Vadakavunji, Kodaikanal Taluk, Dindigul District, rep., through its President, A.Kariammal _________ https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.11329 and 11415 of 2016 4.N.Irulayee ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings C.E.P. 20/2015-2016 dated 03.07.2015 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and without jurisdiction and consequently directing the respondents 1 and 2 to pass appropriate orders to remove the attachment order dated 03.07.2015 pertaining to the properties purchased by the petitioner through sale deed Doc No.1708/2015 dated 22.05.2015 from the Encumbrance Register maintained by the second respondent. In both petitions For Petitioners : Mr.R.Aravindan For Respondents : Mr.A.Kannan Additional Government Pleader (for R1 & R2) Mr.T.R.Janarthanan (for R3) No representation (for R4) COMMON ORDER W.P(MD).No.11329 of 2016 has been filed seeking to quash the proceedings of the first respondent in C.E.P.20/2015-2016 dated 30.06.2015 on the ground that the same is arbitrary, illegal and without any legal basis and without jurisdiction and consequential direction to the respondents 1 and 2 to pass appropriate orders to remove the attachment order dated 30.06.2015 _________ https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.11329 and 11415 of 2016 pertaining to the properties purchased by the petitioner through sale deed Doc No. 1633/2015 dated 14.05.2015 from the Encumbrance Register maintained by the second respondent. W.P(MD).No.11415 of 2016 has been filed seeking to quash the proceedings of the first respondent in C.E.P.20/2015-2016 dated 03.07.2015 on the ground that the same is arbitrary, illegal and without any legal basis and without jurisdiction and consequential direction to the respondents 1 and 2 to pass appropriate orders to remove the attachment order dated 03.07.2015 pertaining to the properties purchased by the petitioner through sale deed Doc No. 1708/2015 dated 22.05.2015 from the Encumbrance Register maintained by the second respondent. 2. It is the grievance of the petitioners that without considering their objections, the impugned orders have been passed and hence, the same is liable to be set aside. 3. Heard the learned counsel on either side. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.11329 and 11415 of 2016 4. From perusal of the impugned orders, it is seen that it has been passed without considering the petitioners' objections or giving her an opportunity to substantiate the same. In view of the above, the impugned orders are set aside and the matter is remitted back to the first respondent. The first respondent is directed to consider the objections of the petitioners and pass orders after giving them an opportunity of personal hearing. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order. 5. With the above observation, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 13.10.2025 NCC : Yes/No Index : Yes/No Rmk To 1.The Deputy Registar of Co-operative Societies, Palani Region, Palani, Dindigul District. 2.The Sub-Registrar, Department of Registration, Batlagundu, Nilakottai Taluk, Dindigul District. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.11329 and 11415 of 2016 P.T.ASHA, J. Rmk W.P.(MD) Nos.11329 and 11415 of 2016 13.10.2025 _________ https://www.mhc.tn.gov.in/judis