The petitioner herein has filed the writ petition seeking a direction in the nature of writ of mandamus forbearing the first respondent from in any way interfering with the peaceful possession and business of the petitioner in the petition mentioned property either by attempting to lock the same or do anything without following the due process of law.

2. Admittedly the immovable property, wherein the writ petitioner is running the mill, belongs to the second respondent, who has mortgaged the same with the first respondent. The petitioner entered into a lease agreement with the second respondent on 26.8.2002 and has been paying a sum of Rs.23,000/- as monthly rent and apart from that she has paid an advance of Rs.1,50,000/- to the second respondent under the said lease agreement. Now, the petitioner was served with a notice dated 5.5.2003 by the first respondent stating that the second respondent had mortgaged the property with them on 24.1.2000 and as per the mortgage, the second respondent has to pay a sum of Rs.5.00 lakhs and odd, being part of the debt as on 1.11.2002.

3. The learned counsel for the petitioner would submit that in view of the provisions under Section 124-A of the Tamil Nadu Co-Operative Societies Act, 1983, the petitioner cannot be evicted except by due process of law and he would further add that the petitioner has no objection for the first respondent taking appropriate proceedings against the second respondent and that the first respondent has no legal right to take any proceedings against the petitioner either under Section 124- A or 158 of the Tamil Nadu Co-Operative Societies Act, 1983. It is also admitted that there was exchange of notices between the parties and a sum of Rs.2.00 lakhs was paid by the petitioner to the first respondent pursuant to the conditional order passed by this Court and Rs.50,000/- even prior to that, which fact is admitted by the first respondent. The learned counsel for the petitioner would submit that the first respondent is threatening that they would seal the premises in which the petitioner is carrying on business. Under these circumstance it became necessary for the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India.

4. In the facts and circumstances of the case, the Court is not inclined to invoke its writ jurisdiction, but in view of the facts and circumstances and in view of the provisions under Sections 124- A and 158 of the Tamil Nadu Co-Operative Societies Act, 1983, though the writ petition has to be dismissed, an opportunity has got to be given to the petitioner granting permission to move the proper forum for appropriate relief within a period of two months herefrom, during which period the first respondent should not in any way take any measure to dispossess the petitioner from the petition mentioned premises.

5. The writ petition is ordered accordingly. No costs.