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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
B.Chennamoorthy – Appellant
Versus
Deputy Registrar of Cooperative Societies – Respondent
| Table of Content |
|---|
| 1. interim attachment of petitioner's property (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments against attachment validity (Para 7 , 8 , 9) |
| 3. plea of alternate remedy under tncs act (Para 10 , 12) |
| 4. issues regarding parties in proceedings (Para 18 , 23 , 29) |
| 5. judgment dismissed; no applicability to petitioner (Para 38 , 39) |
ORDER :
V. LAKSHMINARAYANAN, J.
This court had entertained the writ petition and granted an interim order. The respondents filed a vacate stay petition. When the matter was listed before this Court, by consent of the counsel, the main writ petition itself was taken up for hearing.
2. I heard Mr.S.Sathiaseelan for the petitioner and Mr.M.Muthusamy, learned Government Advocate for the respondents.
3. The first respondent passed an order of interim attachment of the property of the petitioner on 14.05.2024. Subsequently, the interim attachment was made absolute on 23.05.2024. Challenging the same, the present writ petition.
4. The case of the petitioner is that he had purchased the petition mentioned property from one S.Kavitha. The said Kavitha is the wife of one Rajendran, the Secretary (currently under suspension), of the second respondent Society. Kavitha had o
Interim attachment of property under the Tamil Nadu Cooperative Societies Act is permissible when the statutory requirements regarding potential property disposal are satisfied, and the petitioner is....
Section 167 TN Co-op Act does not permit attachment of third-party properties without evidence of acquisition from misappropriated funds.
A purchaser’s property cannot be attached for another's debts if they are not a party to the debt proceedings.
Properties purchased with depositor funds are subject to attachment under the Tamil Nadu Protection of Interests of Depositors Act, regardless of subsequent transfers.
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