Document Fragment View

Matching Fragments

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.3.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2452 of 2010 RAJESWARI PETITIONER Vs 1 THE TINDIVANAM CO-OPERATVE URBAN BANK LTD. REP.BY DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SPECIAL OFFICER NO.46, TINDIVANAM VILLUPURAM DIST.-604 001 2 K.RADHIKA 3 V.ALAMELU RESPONDENTS Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling the records of the sale certificate issued to the 2nd respondent in A.R.C. No.264 of 1995-96 and in pursuance of the order of sale registered as document No.237 of 2005 besides the document No.235 of 2005 by quashing the sale certificate L.No.4 of 2008 dated 8.5.2008 after receipt deficit stamp duty and consequently issue a writ of Mandamus by canceling the sale deed issued in favour of the 2nd respondent in respect of the schedule property situated within the registration District of Tindivanam, Registration Sub-District Tindivanam Joint Sub District-I, Tindivanam Taluk, Roshanai Village, Bounded on the East of Perumal site, West of Munusamy land, South of Duraisamy Mudaliar site and North of Mannankatti site, East West X South North 37 X 82 dry survey No.111/10 (0.12) ward No.3, name assessment No. estimated extent acres  cents 0.06, 3034 sq.ft.

For petitioner : Mr.M.Kumaraswami For respondents : Mr.R.Murali Government Advocate for R1 O R D E R This writ petition has been filed praying for a writ of Certiorarified Mandamus to call for and quash the sale certificate issued to the second respondent, in A.R.C.No.264 of 1995-96 and to direct the cancellation of the sale deed issued in favour of the second respondent, in respect of the property, in survey No.111/10, in Roshanai Village, Tindivanam Taluk, Villupuram District.

2. The petitioner has stated that the mother of the petitioner, namely, E.Kuppammal, was the owner of the property in question, measuring an extent of 6 cents, in Survey No.111/10, Tindivanam Taluk, Villupuram District. The said land had been used as a house site and it had been hypothecated in favour of the first respondent, by the petitioners mother, during her life time. For the non payment of the amount borrowed from the first respondent Bank, by way of a mortgage, the property had been brought to public auction, as per the orders passed, in A.R.C.No.264 of 1995-96. By virtue of an award passed, the first respondent had transmitted the decree to the District Munsif Court, Tindivanam. The Civil Court could execute the award, as per Order 21 Rule 54 of the Civil Procedure Code, 1908. A corresponding power is found in the Tamil Nadu Co-operative societies Rules 116 and 119, read with Rule 121.

19.3.2010 Index :Yes/No Internet:Yes/no lan To:

1 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES THE TINDIVANAM CO-OPERATVE URBAN BANK LTD.

SPECIAL OFFICER NO.46, TINDIVANAM VILLUPURAM DIST.-604 001 M.JAICHANDREN J., lan 19.3.2010