IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
P.Jayavelu – Appellant
Versus
1.The Deputy Registrar of Cooperative Societies, Maduranthagam Circle, 2.The Sub-Registrar, Tirukazhukundram, 3.The Secretary, G-2292, Koovathur Primary Cooperative Credit Society, Maduranthagam, Kancheepuram District, 4.D.Ganapathy, 5.Thiru.M.Munusamy – Respondent
| Table of Content |
|---|
| 1. challenge to attachment order for property ownership. (Para 1 , 2 , 3 , 4) |
| 2. arguments on ownership and collusion. (Para 6 , 7 , 8) |
| 3. court's ruling on attachment and rights to contest. (Para 9 , 10 , 11) |
| 4. final ruling on the writ petition. (Para 12) |
ORDER
The petitioner challenges the order of attachment passed by the 1st respondent invoking Section 167 of the Tamil Nadu Co-operative Societies Act, 1983.
2. The facts in short are: The 4th respondent herein was the Secretary of the 3rd respondent Society. The 5th respondent was the President of the said Society. They had indulged in malversation of the funds of the Society. This resulted in proceedings being initiated against them under the relevant provisions of the Co-operative Societies Act. An Award was passed to the tune of Rs.1,28,21,564.55 against them.
3. The petitioner is a third party to the Society. He claims to be an employee of the agricultural Department as an Assistant Seed Officer. The petitioner claims to be the owner of the property attached in the impugned proceedings. The petitioner’s vendors are two persons by name Hemalatha and Jayagopi. They had alienated the property in favour of the writ p
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