A.Gowrisankar & Anr vs The Sale Officer & Ors

Mr.L.P.Shanmugasundaram, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ

petition is taken up for final disposal at the admission stage itself.

The petitioners are aggrieved against the auction notices issued by the first respondent dated 19.12.2017. Consequently, they also seek for a

direction to the first respondent to defer the auction sale, till the disposal of their claim petition dated 06.01.2018 filed under Rule 135 of the Tamil

Nadu Cooperative Societies Rules, 1988.

Heard Mr.N.Manokaran, learned counsel appearing for the petitioners and Mr.L.P.Shanmugasundaram, learned Special Government Pleader

appearing for the respondents.

It seems that the petitioners father namely Ayyappasamy was working as a Manager in the third respondent Society and died on 14.09.2011.

During his lifetime, an enquiry has been conducted in respect of supplying free sarees and dhothies and surcharge proceedings under Section 81 of

the Tamil Nadu Cooperative Society Act has been conducted, by fixing the responsibility on the petitioners father and others. Thereafter, the

property belonging to the deceased was attached. The Society filed a CRP(NPD) No.2245 of 2014 before this Court, challenging the order made

in CMA.No.43 of 2012 on the file of the Principal District Court, Tiruppur (C.M.A.No.109 of 2011) on the file of the District Court, Coimbatore,

wherein by an order dated 03.03.2017, this Court directed the petitioners'' mother to pay the liability of the amount of Rs.8,47,949/- with interest

at the rate of 6% from the date of conditional attachment order dated 05.11.2011, failing which, the property of Ayyappasamy namely, half share

in the property would be attached. Admittedly, the said amount was not paid by the petitioners mother, till this date. Now, the respondents have

issued the impugned auction notices to sell the property attached, by way of public auction on 22.01.2018.

The learned counsel for the petitioners submitted that the impugned auction proceedings cannot be permitted to go on, when the petitioners have

already made their objections, under Rules 135 of the Tamil Nadu Cooperative Societies Rules, 1988 and the said objections are still pending

before the respondents. According to the petitioners, their share in the property cannot be attached or brought up for sale, without considering the

objections raised by them.

The learned Special Government Pleader appearing for the respondents submitted that when the mother of the petitioners has not paid the

above said amount so far, as directed by this Court, the petitioners cannot approach this Court and file the present writ petition challenging the

auction proceedings. However, he is fair enough to concede to the fact that if the objection is filed under Rule 135 of the Tamil Nadu Cooperative

Societies Rules, 1988, the same shall have to be considered before bringing the property for auction. Therefore, he submitted that the objections of

the petitioners will be considered before conducting the auction and however, the petitioners shall not prevent the respondents from proceeding

with the auction on 22.01.2018.

Considering the above stated facts and circumstances and considering the admitted position that the objections raised by the petitioners under

Rule 135 of the said Rules, are still pending for consideration before the respondents and also considering the fact that the petitioners mother has

not paid the amount, as directed by this Court in CRP(NPD) No.2245 of 2014 dated 03.03.2017, this Court is of the view that in the interest of

justice, the following order could be passed without affecting the interest of either parties. Accordingly, these writ petitions are disposed of, as

follows:-

(a) The petitioners shall deposit a sum of Rs.4 Lakhs on or before 22.01.2018 at 10.00 a.m. before the third respondent Society.

(b) If the above said amount is deposited within the time stipulated, the respondents shall defer the auction proposed to be held on 22.01.2018.

(c) After making such deposits, as stated supra, the petitioners are entitled to get their objections considered by the respondents in accordance

with law, also by getting an opportunity of personal hearing.

(d) The objections of the petitioners as stated supra, shall be considered and appropriate orders shall be passed, within a period of two weeks

from the date of making such deposits, as stipulated in the Condition (a).

(e) If the petitioners fail to make such deposit, the respondents are at liberty to proceed with the auction either on 22.01.2018 or on any other

subsequent dates.

No costs. Consequently, connected miscellaneous petitions are closed.