Section 115 in Tamil Nadu Co-operative Societies Rules, 1988
115. Procedure for delivery of immovable property resumed for breach of the conditions of assignment or allotment.
(1)Where the decision, award or order is for delivery of possession to a society of land or other immovable property resumed by it for breach of the conditions of assignment or allotment of the land or other immovable property, the society may apply to the Registrar within whose jurisdiction the land or other immovable property is situated for enforcement of the decision, award or order. On such application, such Registrar or the Sale Officer empowered by him shall deliver possession of the land or other immovable property to the society or to such person as it may appoint to receive delivery on its behalf, by removing, if necessary, any person bound by the decision, award or order who refuses to vacate the land or other immovable property.(2)The fees payable for executing processes issued by such Registrar shall be at the rates specified in Schedule IV.(3)When possession of any building or enclosure is to be delivered and the person in possession, being bound by the decision, award or order, does not afford free access, the Registrar or the Sales Officer empowered by him, with a warrant for delivery in Form No. 40, may, after giving reasonable warning and facility to any woman not appearing in public according to the custom of the country to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary for putting the society or such persons as it may appoint to receive delivery on its behalf, in possession.(4)Where delivery of possession of a house is to be given and it is found to be locked, orders of such Registrar shall be taken for breaking open the lock for delivery of possession of the same to the society or to such person as it may appoint to receive delivery on its behalf.(5)(a)If it is found at the time of delivery, that there are movables in the house to which the society has no claims and the owner is absent, or if present, does not immediately remove the same, the Sale Officer entrusted with the warrant for delivery, shall make an inventory of the articles so found with their probable value in the presence of at least two respectable persons on the spot, have the same attested by them and leave the movables in the custody of the society or to such person as it may appoint to receive delivery on its behalf after taking a bond from it or from him for keeping the articles in safe.custody pending orders of such Registrar for disposal of the same.(b)The Sale Officer shall, then, make a report to such Registrar and forward therewith the attested inventory taken by him.(c)Such Registrar shall, thereupon, issue a notice to the owner requiring him to take delivery of the said movables within thirty days from the date of the receipt of the notice and intimating that, in default, they shall be sold in public auction at his risk and the proceeds shall be applied for meeting all legitimate expenses of custody and sale and the balance, if any, shall be refunded to the owner:Provided that if any of the movable articles referred to above is subject to speedy and natural decay, the Sale Officer may sell it at any time before the said period of thirty days.(d)Where the movables have been sold in accordance with sub-clause (c), the Sale Officer shall deposit the sale proceeds less costs with the Registrar. In such a case, a notice shall be issued by the Registrar to the owner calling upon him to receive the amount from such Registrar within three months from the date of receipt of such notice.(6)Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decision, award or order to relinquish such occupancy, such Registrar shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode, at some place on, or adjacent to, such property and at such other place as such Registrar may consider necessary, the substance of the decision, award, or order in regard to the property'.
