P.G. DEVARAJAN Vs. THE DISTRICT REGISTRAR AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DHARMAPURI,

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of mandamus to forbear the respondents 1 and 3 from confirming the sale if any which have taken place pursuant to auction notices in respect of C.E.P.No.1/2000 -01 in ARC.No.807/98 -99.

(2.) The petitioner is a dealer in cotton. He had purchased cotton from the fourth respondent. According to him, he has regularly paid the amounts which are due. Subsequently, the petitioner came to know that his purchase account of the Marketing Society had been wrongly entered in respect of the credits and therefore, many payments made by him are missing in the debit account. He had requested the concerned authorities to set right the accounts on submission of necessary proof of payment. While so, according to the petitioner he had received notice from the second respondent calling upon the petitioner to appear on 15.6.1999 in respect of the aforesaid dispute. He appeared before the second respondent and produced all documents to prove his claims and that he was not liable to make any payment to the fourth respondent. However, he did not receive any communication thereafter from the respondents. It was only after the Sale Officer had issued attachment notice for sale of the petitioner's immovable properties, he came to know of the award said to have been passed by the second respondent. Therefore, he has come forward with the present petition as stated above and requested for a copy of the award to be furnished to him, so that he will be able to pursue the appellate remedy open to him.

(3.) I have heard both learned counsel for the petitioner as well as Additional Government Pleader appearing for respondents 1 to 3. Learned Additional Government Pleader states that the award was sent by certificate of posting on 5.10.1999 in terms of Rule 107 of the Tamil Nadu Co -operative Societies Rules, 1988. Rule 107(7)(c) of the Rules requires the authority to send the copy of the decision, award or order free of cost to the affected persons "by personal delivery under the acknowledgement or under certificate of posting." Therefore, according to learned Additional Government Pleader, the respondents have discharged their duties in accordance with the Rules. Learned Additional Government Pleader also produced the files showing the certificate of posting in this context.