PALANIVEL Vs. SECRETARY HOUSE BUILDING SOCIETY LIMITED

JUDGEMENT

(1.) ON consent, the writ petition is taken up for final hearing.

(2.) THE writ petitions are filed by the petitioners to quash the undated sale notice issued by the fourth respondent in Form No.9 under Rule 126(2) of the Tamil Nadu Co-operative Societies Rules 1988 for selling the petitioner's land and house properties measuring 1.64 acres situated in Nos.301/2 & 303/2, THEsavillakku Village, No.191/4(1), Arurpatti Village, respectively Tharamangalam Sub District, Omalur Talum, Salem District in public auction and to quash the same and to forbear the respondents from selling the petitioner's said land and house properties besides directing the respondents to reschedule the repayment of the loan amount due by the petitioner to the first respondent.

(3.) WHEREAS the learned Additional Government Pleader would try to justify the action taken on the part of the first respondent for selling the property mainly by pointing out the chronic default of payment committed by the petitioners and the huge amount due to the first respondent.