M.CHITRA Vs. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner has come up with this Writ Petition challenging the conditional attachment order passed by the first respondent dtd. 1/9/2022 under Sec. 167(2) Tamil Nadu Cooperative Societies Act, 1983, in respect of the properties of the petitioner in S.Nos.306/1C, 306/3C and 306/5C measuring about 1.62 hector situated at Sikkalur Village, Harur Taluk, Dharmapuri District.

(2.) According to the petitioner, she is the absolute owner of the property in S.Nos.306/1C, 306/3C and 306/5C measuring about 1.62 hector situated at Sikkalur Village, Harur Taluk, Dharmapuri District. She purchased the said property from one Kavitha and Latha for a valuable consideration of Rs.8,49,000.00 by a registered sale deed dtd. 9/6/2022. It is also stated by the petitioner that she has been in possession and enjoyment of the said property.

(3.) It is the further case of the petitioner that when she got encumbrance certificate form Government website on 3/10/2022, it came to her knowledge that the first respondent had attached her property by invoking power under Sec. 167(2) of the Tamil Nadu Cooperative Societies Act. The impugned conditional attachment order passed by the first respondent was challenged by the petitioner mainly on the ground that the petitioner is not an employee or member of the said Cooperative Society and when no action is contemplated against the petitioner, the first respondent is not entitled to attach her property. It is the specific case of the petitioner that the first respondent has no power to attach the property of the strangers. It is also stated by the petitioner that she is a bonafide purchaser and therefore, without notice no proceedings can be initiated by the first respondent.