IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Mrs.T.Palaniyammal ... Petitioner Vs.

1. The Deputy Registrar Of CO-Operative Societies, Tirukoilur, Kallakurichi District.

2.The Deputy Registrar of Co- Operative Societies, Kallakurichi, Kallakurichi District.

3.The President II.620, Nainarpalayam Primary Agricultural Co-Operative Loan Society, Nainarpalayam, Chinnasalem Taluk, Kallakurichi District.

4.The Sub Registrar of Registration Sirupakkam Sub Registrar Office, Sirupakkam Cuddalore District- 606 123.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Mandamus directing the respondents 1 to 3 to execute a deed of Release of Attachment for cancelling the entry of Attachment made under Document No.11/ 2014 dated 31.12.2014 in regard to the property as described in Form Nos.8 and 9 dated 17.08.2022 in Auction Sale Notice before the 4th Respondent and consequently direct the 4th Respondent to delete the entries of attachment made in the Encumbrance Register under document No.11/ 2014 forthwith and to issue a fresh encumbrance certificate unfolding nil encumbrance in regard to the aforesaid property to the petitioner forthwith.

For Petitioners : Mr.R.Natarajan For Respondents : Mr.R.Murthi, Government Advocate, for RR 1 to 3 Mr.Stalin Abimanyu, Additional Government Pleader, for R4

ORDER

The petitioner is the wife of one Thangavel. The said Thangavel was an employee with the third respondent Society. During the course of his employment, an inquiry was ordered under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983. Consequent to the said inquiry, Surcharge proceedings were initiated under Section 87 of the Tamil Nadu Cooperative Societies Act, 1983. A surcharge order was passed against the said Thangavel on 12.04.2014, holding him responsible to pay a sum of Rs.22,56,119/-.

2. Aggrieved by the said surcharge order, Mr.Thangavel preferred an Appeal before the Cooperative Tribunal cum Principal District Judge, Villupuram. This Appeal was received in Cooperative CMA 9 of 2015. After hearing both sides, the Cooperative Tribunal cum Principal District Judge passed an order holding that Mr.Thangavel is responsible only to an extent of Rs.5,61,714/-. Having come to this conclusion, the learned Judge allowed the Appeal in part, modifying the surcharge order dated 12.04.2014.

3. In the meantime, the property belonging to the petitioner was attached. It is the case of the petitioner that she acquired the property by way of a registered Exchange Deed dated 22.09.2009 in Document No.1333 of 2009, on the file of the Sub-Registrar, Sirupakkam. The petitioner claims, she has put up a residential structure over the land and has been continuously residing therein. Pursuant to the order of attachment, the respondents attempted to bring the property for sale under distraint proceedings dated 17.08.2022. Consequently the petitioner moved a Writ Petition in WP No.26046 of 2022. This Court permitted the auction to go on, but directed that the confirmation of sale to be deferred. In order to purchase peace, the petitioner paid the entire amount due under the surcharge order, together with interest at the rate of 17.5 % per annum. In all, the petitioner deposited a sum of Rs.19,07,470/-.

4. After the payment, the petitioner’s brother-in-law, (her husband Thangavel’s brother) one, Duraisamy challenged the attachment proceedings that had been initiated with respect to the undivided family property. This was in WP No.26325 of 2022. When that Writ Petition was taken up for disposal, the learned Government Advocate appearing for the Deputy Registrar of Co-operative Societies and the third respondent Society, represented before the Hon’ble Judge that the petitioner herein had paid the entire sum of Rs.19,07,470/-. Recording the same, this Court allowed the Writ Petition, quashing the attachment of the assets of the join