G. SELVI Vs. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The writ appeal has been filed to challenge the judgment dtd. 28/1/2022 mainly on the ground that the Registrar has passed an order for attachment of the property pending appeal preferred by the appellant against the surcharge order.

(2.) It is submitted that during the pendency of the appeal, the Registrar was not having authority to pass the order of attachment of the property. A reference to Ss. 143 and 167 of the Tamil Nadu Co-operative Societies Act, 1983 [for brevity, "the Act of 1983"] has been given. It is to challenge the competence of the Registrar to pass order for attachment of the property. Rather, according to the writ appellant, the Registrar should have taken steps by filing an execution petition.

(3.) We have considered the submission made by learned counsel for the appellant and find that Sec. 143 of the Act of 1983 does not envisage attachment of the property by way of an execution petition by the Registrar. Rather, the Registrar has been given power for attachment of the property to recover certain amounts and even for sale of property, for which the provision does not provide it to be by filing an execution petition.