1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN WP(MD)No.1655 of 2011 and MP(MD)No.1 of 2011 L.Pattani :Petitioner -Vs- 1.The Joint Registrar of Co-operative Societies, No.39-A, T.R.Naidu Street, Thoothukudi-2. 2.The Deputy Registrar of Co-operative Societies, 6-A, 1st Floor, Doovipuram, 3rd Street, Thoothukudi. 3.O.1020 Tuticorin Co-operative Stores Ltd., No.3 Chidambara Nagar Main Street, Tuticorin - 628 008, Rep. by its Special Officer. 4.The Thoothukudi District Central Co-operative Bank Ltd., T.C.85, 109/5D, Ettayapuram Road, Polpettai, Thoothukudi- 628 002, Rep. by its Joint Registrar/Special Officer :Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to bring a portion of the immovable properties of the third respondent Cooperative Store in public auction so as to settle the dues of the fourth respondent based on the petitioner's representation, dated 31.01.2011. For Petitioner :Mr.S.M.Mohan Gnadhi For R1 to R3 :No Appearance For R4 :Mr.D.Shanmugaraja Sethupathi ORDER The petitioner seeks a Writ of Mandamus directing the first respondent to bring a portion of the immovable properties of the third respondent in public auction so as to settle the dues to the fourth respondent bank. 2.The petitioner is a member of Tuticorin Cooperative Stores Limited, Tuticorin. According to the petitioner, the Society is in arrears to the fourth respondent bank. The third respondent Society is in possession of immovable properties. The fourth respondent has approached the first respondent to transfer the property of the third respondent society on the basis of the guideline rate. It is the contention of the petitioner that the guideline rate is far below the market rate and as such only a portion of the property of the third respondent is necessary for discharging the amount due to the fourth respondent. Therefore, he made a representation before the first respondent on 31.01.2011. since the said representation was not disposed of, the petitioner was constrained to file the Writ petition . 3.I have heard the learned counsel for the petitioner and the learned standing counsel for the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The learned standing counsel for the fourth respondent on instructions would submit that though the third respondent is in arrears to the bank, no award has been passed and as such question of selling the property of the third respondent at this point of time does not arise. 5.The grievance of the petitioner is only on account of the proposed transfer of property of the third respondent to the fourth respondent by collecting only the guideline rate. The petitioner has already submitted a representation before the first respondent. 6.The issue regarding satisfaction of the award can be decided only after passing the award by the appropriate authority. The grievance of the petitioner is only on account of the selling of the property on the basis of the guideline rate. These are all matters to be considered by the authorities under the Co-operative Societies Act. 7.Though the petitioner is only a member of the third respondent Society, the grievance projected by him requires consideration by the Registrar of Cooperative Societies. 8.Therefore, I am of the view that liberty should be given to the petitioner to approach the Registrar of Co-operative Societies. 9.Accordingly, the petitioner is given liberty to submit a comprehensive representation before the Registrar of Co-operative Societies, Chennai and in the event of making any such representation within a period of four weeks from the date of receipt of a copy of this order, the same shall be considered and disposed of by the Registrar on merits and as per law as expeditiously as possible and in any case, within a period of four weeks, thereafter. 10.The Writ petition is disposed of with the above direction. No Costs Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (LA) / TRUE COPY / Assistant Registrar To: 1.The Joint Registrar of Cooperative Societies, No.39-A, T.R.Naidu Street, Thoothukudi-2. 2.The Deputy Registrar of Cooperative Societies, 6-A, 1st Floor, Doovipuram, 3rd Street, Thoothukudi. 3.The Special Officer, O.1020 Tuticorin Cooperative Stores Ltd., No.3 Chidambara Nagar Main Street, Tuticorin - 628 008. 4.The Joint Registrar/Special Officer, The Thoothukudi District Central Cooperative Bank Ltd., T.C.85, 109/5D, Ettayapuram Road, Polpettai, Thoothukudi- 628 002. +1CC to The Special Government Pleader. SR.No.8800. Pm WP(MD)No.1655 of 2011 RP/01.03.2011/2P/6C. 11.02.2011. https://hcservices.ecourts.gov.in/hcservices/