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Madras High Court

P.Ragunathan vs The Director Of Handloom & Textiles on 18 August, 2014

Bench: Sanjay Kishan Kaul, M.Sathyanarayanan

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2014

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE 
and
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN

W.A.No.2576 of 2012
and
M.P.No.1 of 2013


P.Ragunathan
President,  Affected Society
Members and Members seeking
relief for Construction of Housing
Society, Engoor Village,
Perundurai Taluk, Erode District.			.. Appellant

vs

1.The Director of Handloom & Textiles,
   Kuralagam, Chennai.

2.The Managing Director,
   Erodes District Central Co-operative
    Bank, Bhavani Road, Erode District.

3.The Recovery Officer,
   EH-63, Engoor Weavers Co-operative
    Society, C/o.Aringar Anna Powerlooms
    Weavers Co-operative Society,
   Veerappan Chathiram,
   Erode District.

4.V.N.Deivasigamani
   (R-4 impleaded as party respondent
     vide order of Court dt.28.1.2013
     made in M.P.No.1 of 2012)	 		.. Respondents

	Appeal filed under Clause 15 of the Letters Patent, against the order dated 20.01.2012 passed in W.P.No.20520 of 2007 on the file of this Court.

	For Appellant	 .. Mr.V.Bharathidasan

	For Respondents	..  Mr.N.Srinivasan, AGP, for R-1
			..  Mr.L.P.Sahnmugasundaram,
			    Spl.G.P. for RR2 and 3
			..  Mr.C.Prakasam for R-4
			..  Mr.N.Manokaran 
			     for Petrs. in M.P.No.1 of 2013
* * * * *

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The dispute pertains to Engoor Weavers Co-operative Society, which was directed to be wound up and a liquidator was appointed. A set of persons claiming to be the distributors to the housing scheme qua the land held by the society sought to file a writ petition seeking to meet the liabilities of the society and requiring the plots to be distributed to them.

2.The aforesaid writ petition has been dismissed by the impugned order dated 20.01.2012, which is assailed in the present appeal.

3.We put to the learned counsel for the appellant that it is not possible for the Liquidator to carry out the exercise of distribution of plots, as his job is to liquidate the assets of the society. At the same time, we are conscious of the fact that the liabilities stated to be of Rs.21,91,954/- stand deposited in this Court in a Fixed Deposit by the appellant. If this amount is released to the society, there would be no liabilities and the society can be restored to its original health with the assets of the land, where 203 plots are stated to have been carved out. In that eventuality, a Committee can be appointed under Section 142 of the Tamil Nadu Co-operative Societies Act, 1983, to run the affairs of the society and find out who are the eligible persons to be allotted the plots.

4.In view of the aforesaid position, the Writ Appeal is disposed of in the following agreed terms:

i) The amount of Rs.21,91,954/- deposited in this Court along with interest accrued thereon be released in favour of Handloom Officer / Official Liquidator, Erode District Central Co-operative Bank Ltd., Erode, who is the recovery officer of the society (3rd respondent herein);

ii) On the amount being so appropriated, there would be no other liabilities as stated by the learned counsel for the first three respondents and necessary order would be passed under Section 142 of the said Act, restoring the society and also appointing a Special Officer to manage the affairs of the society;

iii) The Special Officer will thereafter verify the eligibility of members, who are in title to the allotment of plots as per their seniority, the plots numbering 203;

iv) The eligible persons would, thus, be entitled to plots and if some of the members of the present appellant are the eligible persons, the payments made by them towards Rs.21,91,954/- would be adjusted against the dues payable by them. This is, of course, subject to funds being available.

v) If some of the members of the appellant are ultimately not found eligible, their contribution towards Rs.21,91,954/- be refunded to them, once again subject to availability of funds.

5.Necessary exercise be carried out within the maximum period of six months from today.

6.The Writ Appeal stands disposed of in the aforesaid terms. Parties will have to bear their own costs.

7.The petition seeking impleadment has really become infructuous because the claim of all members would be scrutinised in the aforesaid process and thus, the petition stands disposed of.

(S.K.K., CJ.)       (M.S.N.,J.)
18.08.2014          
Index	: Yes/No
Internet	: Yes/No

sra

To

1.P.Ragunathan
   President,  Affected Society Members 
   and Members seeking relief for 
   Construction of Housing Society, 
   Engoor Village, Perundurai Taluk, Erode District.
2.The Director of Handloom & Textiles,
   Kuralagam, Chennai.

The Hon'ble Chief Justice
and             
M.Sathyanarayanan, J.



(sra)
3.The Managing Director,
   Erodes District Central Co-operative
    Bank, Bhavani Road, Erode District.
4.The Recovery Officer,
   EH-63, Engoor Weavers Co-operative
    Society, C/o.Aringar Anna Powerlooms
    Weavers Co-operative Society,
   Veerappan Chathiram, Erode District.






W.A.No.2576 of 2012














					18.08.2014