RAJESWARI Vs. TINDIVANAM CO-OPERATVE URBAN BANK LTD

JUDGEMENT

(1.) 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 petitioner-s 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.

(3.) WHEN the question of maintainability of the writ petition had been raised by this Court, the learned counsel appearing on behalf of the petitioner had relied on the decision of the Supreme Court, in GAYATRI DE Vs. MOUSUMI COOP.HOUSING SOCIETY LTD., (2004) 5 SCC 90) wherein it has been held that when a cooperative societies under the control of a Special Officer, a writ petition, under article 226 of the constitution of India, would be maintainable.