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Lalitha Vs. The Deputy Registrar of Cooperative Society(Housing), Vannarpet, Tirunelveli and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberWrit Petition(MD)No. 16586 of 2015 & W.M.P(MD)Nos. 12083 & 12084 of 2016
Judge
AppellantLalitha
RespondentThe Deputy Registrar of Cooperative Society(Housing), Vannarpet, Tirunelveli and Others
Excerpt:
.....of india for the issuance of a writ of certiorari calling for the records pertaining to the auction notice of the second respondent dated 13.8.2016 in respect of the house property of the petitioner comprised in r.s.no.c-8-11-3b in old.s.no.2420-a, kannakode desaom, nalloor village, kanyakumari district measuring an extent of 9 cents to be held on 2.9.2016 and to quash the same.) 1. mr.t.r.janarthanam, learned additional government pleader takes notice for the respondents. by consent of both parties, the writ petition itself is taken up for final disposal at the admission stage itself. 2. one lalitha, wife of natarajan, challenging the auction notice, dated 13.08.2016 proposing to bring her property in public auction for non-payment of loan amount, has come to this court with the.....
Judgment:

(Prayer :Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari calling for the records pertaining to the auction notice of the second respondent dated 13.8.2016 in respect of the house property of the Petitioner comprised in R.S.No.C-8-11-3B in Old.S.No.2420-A, Kannakode Desaom, Nalloor Village, Kanyakumari District measuring an extent of 9 cents to be held on 2.9.2016 and to quash the same.)

1. Mr.T.R.Janarthanam, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

2. One Lalitha, wife of Natarajan, challenging the auction notice, dated 13.08.2016 proposing to bring her property in public auction for non-payment of loan amount, has come to this Court with the present Writ Petition.

3. The learned counsel for the Petitioner is unable to even mention what is the loan amount borrowed in the society, how many installments were paid and what is the due to be paid by the Petitioner. The affidavit filed by the Petitioner is also bereft of particulars like date of loan application, date of borrowal of loan amount and also nothing stated with regard to the part payment of the loan amount. When the Petitioner has miserably failed to mention the date of loan and what is the due payable by the Petitioner as on date including the interest, this Court is not inclined to entertain such Writ Petition and accordingly, the Writ Petition fails.

4. Accordingly, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions are dismissed. No costs.


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