1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.3420 of 2011 and M.P (MD) No.1 of 2011 A.Venkatesh Kumar ... Petitioner Versus 1. The Deputy Registrar/Sale Officer Co-operative Societies, Madurai Range, Madurai. 2. A.Jeyakumar, Handloom Officer/In Liquidation (Additional Charge), Madurai District Central Co-operative Bank Limited, Madurai – 1. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the interim order of the first respondent in E.P.No.12/2002-03 dated 03.03.2011 quash the same and consequently direct the first respondent herein to confirm the auction dated 22.02.2011 in accordance with Rule 129 of the Tamil Nadu Co-operative Societies Rules, 1988. For Petitioner : Ms.J.Padmaavathy Devi For R – 1 : Mr.R.Karthikeyan Additional Government Pleader For R – 2 : Mr.S.Rajasekar O R D E R The petitioner has come up with the above Writ Petition, challenging an order passed by the Sale Officer, namely, the first respondent, cancelling the auction held on 22.02.2011. 2. Heard Ms.J.Padmaavathy Devi, learned Counsel for the petitioner and Mr.R.Karthikeyan, learned Additional Government Pleader for the first respondent. 3. The first respondent issued an advertisement in the Newspaper on 18.02.2011, proposing to put up for sale the properties belonging to certain Handloom Co-operative Societies. One of the properties brought to sale belonged to the second respondent herein. The auction was scheduled to take place on 22.02.2011. The petitioner participated in the auction and he was declared the successful bidder, quoting a price of Rs.50,20,000/-. https://hcservices.ecourts.gov.in/hcservices/ 2 4. However, on an objection raised by the liquidator of the second respondent-Society, the first respondent cancelled the auction. Challenging the said order, the petitioner is before this Court. 5. It is seen from the impugned order that even the upset price was fixed at Rs.62,16,888/-. Therefore, the first respondent was justified in not accepting the highest bid amount of Rs.50,20,000/-. Moreover, the liquidator of the Society has indicated that the property is in a prime location worth about more than a crore. This conclusion has been reached only after spot inspection and verification. As per the tender conditions, the first respondent has the power to cancel the same. Therefore, the said order cannot be interfered with. Hence, this Writ Petition is dismissed. However, the petitioner shall be entitled to participate in a fresh auction. But, before putting up the property to fresh auction, the respondents shall fix a highest upset price as now found out and thereafter go in for fresh auction. The amount already paid by the petitioner shall be refunded within a week. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1. The Deputy Registrar/Sale Officer Co-operative Societies, Madurai Range, Madurai. 2. A.Jeyakumar, Handloom Officer/In Liquidation (Additional Charge), Madurai District Central Co-operative Bank Limited, Madurai – 1. +1cc to Mr.J.Padmavathy Devi, Advocate, Sr.No.39809 +one cc to Special Government Pleader, Sr.No. 39893 W.P (MD)No.3420 of 2011 15.11.2011 ps SMA/28.11.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/