1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD).No.1012 of 2011 and M.P.(MD).Nos.1 & 2 of 2011 K.Sivaprakasam ... Petitioner Vs. 1.The Deputy Registrar of Co-operative Societies, Musiri Circle, Musiri, Trichy District. 2.The Special Officer, Urakkarai Mahadevi Primary Agricultural Co-operative Credit Socity, urakkarai, Musiri Taluk, Trichy District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings CEP.No.25/2009-2010 – ARC.No.17/2009-2010, dated 25.03.2010 and quash the same. For petitioner : Mr.C.Prakasam For respondents : Mr.S.Shanmugavel, 1 & 2 Addl. Government Pleader ORDER The petitioner challenges the proceedings dated 25.03.2010 on the file of the first respondent whereby and whereunder the property of the father of the petitioner was attached on account of the failure on the part of the petitioner to give security for a sum of Rs.8,99,237.22 to satisfy the decree that may be passed against him in the statutory proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act (hereinafter referred to as “the Act”). 2.The petitioner was working as a secretary in Urakkarai Mahadevi Primary Agricultural Co-operative Credit Society, at Urakkarai, in Musiri Taluk, in the District of Trichy and he retired from service on 31.05.2009. The first respondent issued an order on 25.03.2010 under Section 167(2) of the Act calling upon the petitioner to submit security for a sum of Rs.8,99,237.22 to satisfy the decree that may be passed against him. Since the petitioner was not prepared to furnish security, the first respondent was constrained to attach the property owned by his father as per proceedings dated 25.03.2010. It is the said order which is impugned in the writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Subsequently, the first respondent has initiated a proceeding against the petitioner invoking Section 87 of the Act. The said proceeding was challenged before the Co-operative Tribunal and the matter is now pending before the Tribunal. Admittedly, the Tribunal has not granted stay of all further proceedings. 4.The first respondent appears to have issued a notice to the petitioner on 25.03.2010 calling upon him to furnish security for a sum of Rs.8,99,237.22 to satisfy the decree which would be ultimately passed against him. The petitioner has not furnished the security which made the first respondent to attach property owned by his father as per proceedings dated 25.03.2010. In case the father of the petitioner was aggrieved by the said act, he could have challenged the order. However, for the reasons best known to him, no such challenge was made to the order of attachment. 5.The statutory appeal preferred by the petitioner before the Tribunal is admittedly pending. Nothing prevented the petitioner to approach the said authority to stay all further proceedings pursuant to the impugned proceedings dated 13.07.2010 on the file of the first respondent. The only challenge in this writ petition is to the order of attachment passed against the property owned by the father of the petitioner. Since the statutory proceeding is now pending before the Co- operative Tribunal and the attachment itself was relating to a property owned by the father of the petitioner, no interference is called for at the instance of the petitioner. It is open to the petitioner to approach the Co-operative Tribunal to redress his grievances. 6.The writ petition is dismissed with the above observation. Consequently, connected miscellaneous petitions are also dismissed. No costs. gcg Sd/- Deputy Registrar[Accounts] /True copy/ Assistant Registrar To 1.The Deputy Registrar of Co-operative Societies, Musiri Circle, Musiri, Trichy District. 2.The Special Officer, Urakkarai Mahadevi Primary Agricultural Co- operative Credit Socity, urakkarai, Musiri Taluk, Trichy District. + 1 cc to Mr.C.Prakasam, Advocate SR.No.3775. Order in W.P.(MD).No.1012 of 2011 Dated:28.01.2011 2P/4C RPB 23.02.2011 https://hcservices.ecourts.gov.in/hcservices/