G VELLIANGIRI Vs. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THIS writ petition has been filed, challenging the notice issued by the first respondent, Under Section 167 of the Tamil Nadu Cooperative Societies Act, 1983, and the interim order of attachment, dated 31.03.2009, attaching the property belonging to the second petitioner, who is the wife of the first petitioner. The second respondent had issued a notice, dated 31.03.2009, under Section 167 of the Tamil Nadu Cooperative Societies Act, 1983, calling upon the petitioners to furnish security for a sum of Rs.5,21,900/-, to satisfy the decree that may be passed against them. It had also been stated that, on the failure of the petitioners to furnish such security the immovable property, specified in the schedule, annexed to the notice, would be conditionally attached. On the same date, an order had been passed, restraining the petitioners from transferring the property and from creating a change on the property specified in the schedule, by way of a sale, gift or otherwise.

(2.) THE learned counsel appearing on behalf of the petitioners had further submitted that a surcharge proceedings under Section 87(1) of the Tamil Nadu Cooperative Societies Act, 1983, is pending against the first petitioner for the alleged misappropriation of funds belonging to the second respondent bank. While so, the second respondent had passed the impugned order, dated 31.03.2009, in respect of the properties belonging to the second petitioner, without any power or authority.