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2006 DIGILAW 2094 (MAD)

The Special Officer v. R. Palanisamy & Another

2006-08-21

P.SATHASIVAM, S.MANIKUMAR

body2006
Judgment :- (Writ appeals filed under Clause 15 of the Letters Patent against the order dated 04.04.2005 made in WPMP No.10733/2004 and 10034/2005 in W.P.No.9197/2004.) Common Judgment: P. Sathasivam, J. By consent of both parties, the writ appeals themselves are taken up for disposal. 2. Aggrieved by the order of the learned single Judge dated 04.04.2005, the second respondent therein viz., The Special Officer, Velalakundam Primary Agricultural Co-operative Bank, Velalakundam, Vazhapadi Taluk, Salem District, has filed the above appeal. 3. Heard the learned counsel appearing for the appellant as well as the counsel appearing for the respondents. 4. When the injunction application Nos.10733 of 2004 and 10034 of 2005 came up before the learned single Judge, after recording the statement of the counsel for the writ petitioner that he has no objection in bringing the properties for auction, the learned single Judge restricted the stay only with regard to auction of the properties of the petitioner's wife, children and any other third parties. In the same order the learned single Judge clarified that there is no stay with regard to the properties of the petitioner being auctioned. 5. Learned counsel appearing for the appellant-Co-operative Bank submitted that since the first respondent has misappropriated the funds of the Bank, they are entitled to proceed against not only the properties of the petitioner but also his wife and children. The said issue has to be decided in the main writ petition. 6. For the present, as rightly observed by the learned single Judge, the appellant-co-operative Bank is free to proceed against the properties of the petitioner. As the said order has been rightly passed by the learned single Judge, we do not find any valid ground for interference. Accordingly, the writ appeals fail and the same are dismissed. No costs. Consequently, WVMP Nos.1519 and 1520/2006 & WAMP Nos.1102 and 1103/2006 are also dismissed.