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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
Ester Bai Evanjalin Prema – Appellant
Versus
Joint Registrar of Co-operative Societies, Thoothukudi, Thoothukudi District – Respondent
| Table of Content |
|---|
| 1. petitioner's properties attached for husband's cooperative misappropriation liability. (Para 2 , 3 , 4 , 5 , 10 , 13) |
| 2. petitioner contests third-party attachment; respondents claim misappropriated funds used. (Para 6 , 7 , 8) |
| 3. section 167 limits attachment to section 87 parties, not third parties. (Para 9 , 11 , 12 , 14) |
| 4. no presumption for spouse properties; claim rejection violates natural justice. (Para 15 , 16) |
| 5. impugned orders quashed; liberty for proven misappropriation proceedings. (Para 17 , 18) |
ORDER :
Hemant Chandangoudar, J.
Since the issues involved in all these writ petitions are interconnected, they are taken up together, heard, and disposed of by this common order.
2. In all these writ petitions, the petitioners challenge the orders passed under Section 167 of the Tamil Nadu Co-operative Societies Act, 1983 , the consequential auction notices, and the orders passed under Rule 135 of the Tamil Nadu Co-operative Societies Rules, 1988 . By the impugned proceedings, the properties standing in the name of the petitioner have been provisionally attached and brought to sale through public auction.
3. The petitioner’s husband, while serving as Secretary of
Section 167 TN Co-op Act does not permit attachment of third-party properties without evidence of acquisition from misappropriated funds.
Attachment under Section 167(2) of Tamil Nadu Cooperative Societies Act limited to property of person inquired under Section 87, not spouse.
A spouse's property cannot be attached in surcharge proceedings against the other spouse unless it is proven that the property was purchased with misappropriated funds.
A purchaser’s property cannot be attached for another's debts if they are not a party to the debt proceedings.
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....
The main legal point established in the judgment is that unless the provision of the Cooperative Societies Act or Rules framed therein contemplate a statutory fiction or presumption in favor of the s....
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