1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.14220 of 2011 and M.P.(MD)No.1 of 2011 Pitchai Servai ... Petitioner Versus 1.The Deputy Registrar of Co-operative Societies, Chinna Chokkikulam, Madurai - 625 002. 2.The Special Officer, A-2545, Nagamalai Pudukkottai Primary Agricultural Cooperative Bank Credit Society, Nagamalai Pudukkottai, Madurai-625 019. 3.P.Muthu. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records from the 1st respondent in his proceedings in C.E.P.No.227/2011-2012, S.C.No.06/2009-10 Dated 10.11.2011 (FORM NO.8 & FORM NO.9) and quash the same. For Petitioner : Mr.N.Sathish Babu For Respondents: Mr.M.Alagathevan, Special Government Pleader. O R D E R The petitioner has come up with the above writ petition challenging the auction sale notice. 2.Heard Mr.N.Sathish Babu, learned counsel for the petitioner. Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondents. 3.A perusal of the notice shows that surcharge proceedings under S.C.No.06/2009-10 were initiated against the son of the petitioner. In pursuance of the order passed therein, execution proceedings, in E.P.No.227 of 2011-12, were initiated and the property attached. It is this property, which is sought to be brought to sale. 4.The contention of the learned counsel for the petitioner is that the petitioner has nothing to do with the surcharge proceedings https://hcservices.ecourts.gov.in/hcservices/ 2 initiated against his son. When the property was attached, the petitioner gave objection under Rule 135(1). Under Rule 135(2), the Sale Officer is obliged to postpone the sale pending investigation of a claim made under Rule 135(1). Therefore, it is contended by the learned counsel for the petitioner that the respondent after having conducted an enquiry, cannot bring the property to sale without passing an order under Rule 135(1). 5.The petitioner has a remedy under Section 152(1) of the Act to go the Tribunal. The issues raised by the petitioner are issues of fact. They concern the liability of the petitioner for the default of his son. This cannot be decided in a writ petition. Therefore, leaving it open to the petitioner to approach the Tribunal under Section 152 of the Act, this writ petition is dismissed. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Deputy Registrar of Co-operative Societies, Chinna Chokkikulam, Madurai - 625 002. 2.The Special Officer, A-2545, Nagamalai Pudukkottai Primary Agricultural Cooperative Bank Credit Society, Nagamalai Pudukkottai, Madurai-625 019. + 1 cc to Mr.N.Sathish Babu, Advocate, SR No.43579 W.P.(MD)NO.14220 of 2011 and M.P.No.1 of 2011 14.12.2011 RR RJ/14.12.11 (IT) 2p/4c https://hcservices.ecourts.gov.in/hcservices/