1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)Nos.1150 to 1152 of 2011 and W.P.(MD)No.1615 of 2011 and M.P.(MD)Nos.1,1,1&1 of 2011 1. A.2317 Madurai Thiruvalluvar Weavers Co-operative Society Ltd., No.97, Valluvar Colony, Old Natham Road, Madurai – 625 017 represented by its Special Officer, Mr.B.Jegadeesan ... Petitioner in WP.1150/2011 2. A.1880 Krishnapuram Weavers Co-operative Production and Sale Society Ltd., No.20, Krishnapuram Colony 2nd Street, Madurai – 625 014 represented by its Special Officer, Mr.R.Rajasekaran. ... Petitioner in WP.1151/2011 3. MH.123 Madurai Co-operative Intensive Handloom Development Project Ltd (Liquidated), No.187, North Veli Street, Madurai – 625 001. represented by its Handloom Officer/Liquidation Officer, Mr.A.Jeyakumar. ... Petitioner in WP.1152/2011 4. A.2451 Madurai Industrial Weavers Co-operative Society Ltd., No.179, Thathaneri Main Road, Madurai – 625 018 Represented by its Special Officer, Mrs.R.Mercy Esther Selvakumari ... Petitioner in WP.1615/2011 Vs. 1. The Government of Tamil Nadu, Represented by its Secretary, Department of Handlooms and Textiles, Secretariat, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The Director of Handlooms and Textiles, Kuralagam, 2nd Floor, Chennai – 108. 3.The Registrar of Co-operative Societies, Kilpauk, Chennai. 4.The Deputy Registrar, Co-operative Societies, Madurai Circle, Door No.41, Krishna Rao Tank Street, Madurai 625 001. 5.The General Manager, A.975 Madurai District Central Co-operative Bank Ltd., No.187, North Veli Street, Madurai – 625 001. 6.The Sale Officer, Office of the Deputy Registrar, Co-operative Societies, Madurai Circle, Door No.41, Krishna Rao Tank Street, Madurai 625 001. ... Respondents in WPs.1150 to 1152/09 1.The Director of Handlooms and Textiles, Kuralagam, 2nd Floor, Chennai – 108. 2.The Registrar of Co-operative Societies, Kilpauk, Chennai. 3.The Deputy Registrar, Co-operative Societies, Madurai Circle, Door No.41, Krishna Rao Tank Street, Madurai 625 001. 4.The General Manager, A.975 Madurai District Central Co-operative Bank Ltd., No.187, North Veli Street, Madurai – 625 001. ... Respondents in WP. 1615/11 Prayer in Wps. 1150 to 1153/2011: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Auction Notice in C.E.P.95/2009-2010 in ARC No.70-2009-2010, C.E.P.94/2009-2010 in ARC No.68-2009-2010, C.E.P.12/2002-2003 in` ARC No.598-1999-2000, respectively, dated 13.01.2011 on the file of the respondent No.4 and quash the same as illegal and consequently to keep in abeyance the attachment and sale proceedings of the properties of the https://hcservices.ecourts.gov.in/hcservices/ 3 petitioner Society pending consideration for waiver of loan by the respondent No.2. Prayer in Wp. 1615/2011: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondent No.4 from proceeding with any auctioning of the petitioner's properties without following the directions vide proceedings in Na.Ka.No.9263/2009/J2, dated 17.11.2009 on the file of the respondent No.1. For Petitioners : Mr.S.Rajasekar For Respondents : Mr.M.Govindan (For R1 to R3) Spl.Govt.Pleader For Respondents : Mr.D.Shanmugaraja Sethipathi (R4 and R5) COMMON ORDER In all these four writ petitions, the petitioners are Weavers Co- operative Society Ltd., represents by its respective Special Officer. The prayer in the writ petitions is to restrain the Madurai District Central Co-operative Bank from which the petitioners have borrowed loan on the basis of Cash Credit Loan, which was advanced to them by the 4th respondent. In view of the default committed by them, the 4th respondent, which is also a registered Co-operative Society and also having licence for doing banking business, brought an auction before the appropriate Deputy Registrar. The arbitration proceedings initiated against the petitioners Society ended in an Award. Subsequent to the Award, distrained proceedings were also initiated in terms of Section 167 of the Tamil Nadu Co-operative Societies Act. The petitioners Society have not challenged the Award in the manner known to law, including filing an appeal under Section 152 of the Tamil Nadu Co-operative Societies Act, either against a decree passed by the Deputy Registrar or the attachment proceedings initiated before and after the decrees were made. But, on the contrary, they have come to this Court, seeking to restrain the 4th respondent from proceedings with the auction of the properties. 2.In W.P.(MD)No.1615 of 2011, Notice of Motion was ordered. In the meanwhile, there are earlier three other writ petitions viz., W.P. (MD)Nos.1150 to 1152 of 2011 were already pending. Therefore, those three writ petitions were directed to be heard along with this writ petition. In each of the writ petitions, the Madurai District Central Co-operative Bank has filed a counter affidavit, objecting the entertainment of the writ petitions. 3. In W.P.(MD)No.1615 of 2011, the Director of Handlodoms and Textiles, has filed a counter affidavit and also they produced a copy of the news printing found in the Hindu, Madurai Edition, dated 01.03.2011. In the affidavit filed in support of the writ petition, they faced with a decree followed by a Executive Proceeding, was not denied. 4. On the contrary, it was contended that the Government was in contemplation of a waiver Scheme for the handloom sectors and revival package has been in the off field and therefore, the respondent Bank should be restrained from proceeding with the execution proceedings. Similar was the stand of the first respondent, Director of Handlooms and https://hcservices.ecourts.gov.in/hcservices/ 4 Textiles and he has stated that the state Government has submitted a proposal to the Central Government, seeking for financial assistance for the benefit of similarly placed Primary Weavers Co-operative Society. If financial assistance provided, it will help all the Societies including the petitioners Society and the proposals are sent to the Central Government and has taken necessary steps for revival of the handlooms sectors. In the news printing it was further pointed out that the Union Finance Minister had announced a package in the Budget for the year 2011- 2012, for helping the Handloom Sectors. However, the 4th respondent has clearly stated that the money advanced to the Societies are public money and they are also bound to comply with the directives under the Banking Regulation Act, otherwise, the Reserve Bank of India may cancel the licence for doing banking business and inasmuch as, they already got a decree to the subject matter of execution, the present attempt to solve them from exercising the power is misconceived. A further objection has also raised that such a writ petition is not maintainable in the light of the larger Bench Judgment of this Court in (K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal-636 001 and another) reported in (2006 (4) CTC 689) 5. In view of the non-maintainability of the writ petitions, this Court is not inclined to go into the other issues. It is suffice to state that if any decree is passed, it is always a provision for appeal and this Court cannot be used as a forum for stalling the proceedings initiated by another Co-operative Society. 6. In view of the above, the defence taken in the counter affidavit, cannot be sustainable. Hence, all the writ petitions stand dismissed. Consequently, connected miscellaneous petitions are also dismissed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Secretary, Department of Handlooms and Textiles, Secretariat, Chennai. 2.The Director of Handlooms and Textiles, Kuralagam, 2nd Floor, Chennai – 108. 3.The Registrar of Co-operative Societies, Kilpauk, Chennai. 4.The Deputy Registrar, Co-operative Societies, Madurai Circle, Door No.41, Krishna Rao Tank Street, Madurai 625 001. https://hcservices.ecourts.gov.in/hcservices/ 5 5.The General Manager, A.975 Madurai District Central Co-operative Bank Ltd., No.187, North Veli Street, Madurai – 625 001. 6.The Sale Officer, Office of the Deputy Registrar, Co-operative Societies, Madurai Circle, Door No.41, Krishna Rao Tank Street, Madurai 625 001. + 4 ccs' to Mr.S.Rajasekar, Advocate, SR Nos.36225, 36226 + 1 cc to Mr.D.Shanmugarajasethupathi, Advocate, SR No.36046 W.P.(MD)Nos.1150 to 1152 of 2011 and W.P.(MD)No.1615 of 2011 19.10.2011 MPK RJ/11.11.11 5p/12c https://hcservices.ecourts.gov.in/hcservices/