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Madras High CourtWP/12162/2012withdrawn dismissed

V.Velusamy v. The State Of Tamilnadu

2023-08-30Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and M.P. No. 2 of 2012 V. Velusamy ... Petitioner -vs1. The State of Tamil Nadu, Rep. by its Secretary to Government, Co-operation, Food & C.P. Department, Chennai - 600 009.

2. The Registrar of Coop, Societies, No. 170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

3. The Deputy Registrar of Coop. Societies, Erode Circle, now Dharapuram Circle, Dharapuram - 638 656, Tirupur District.

4. The Selampalayam Primary Agriculture, Coop. Bank Ltd., No.AA.314, rep. by its Special Officer, Selampalayam Post, Dharapuram Taluk, Tiruppur District.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned orders passed by the First respondent in G.O. No. 131 Cooperation, Food & Consumer Protection Department dated 1/4

04.06.1996 and the consequential impugned orders passed by the Third Respondent in his proceedings Na.Ka.5608/2006 Tho.Ve.Va dated 23.08.2006 and by the Fourth Respondent in his proceedings Na.Ka.No.1/2006 dated 30.06.2006 quash the same as illegal and null and void and consequently direct the Second to Fourth Respondents to settle the withheld terminal benefits of Rs. 3,35,225/- with interest at 12% p.a for the belated payment from the date of retirement.

For Petitioner : Mr. K.Prem Kumar For R1 to R3 : Mr. P.Sathish For R4 : Mr.A.Praveen Kumar for M/s. Anbarasan

O R D E R

When the matter is taken up for hearing today, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition and he has made an endorsement in the court record, which reads as follows:- "

The Writ Petitioner may be permitted to withdraw the Writ Petition with a liberty to approach the appropriate forum under law."

In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is also closed. It 2/4

is made clear that the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition viz., 24.04.2012, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. No costs. 30.08.2023 Index: Yes/No Note: Issue order copy by 06.06.2024.

skr To

1. Secretary to Government of Tamil Nadu, Co-operation, Food & C.P. Department, Chennai - 600 009.

2. The Registrar of Coop, Societies, No. 170, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

3. The Deputy Registrar of Coop. Societies, Erode Circle, now Dharapuram Circle, Dharapuram - 638 656, Tirupur District.

4. The Selampalayam Primary Agriculture, Coop. Bank Ltd., No.AA.314, rep. by its Special Officer, Selampalayam Post, Dharapuram Taluk, Tiruppur District.

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P.D. AUDIKESAVALU, J.

skr 30.08.2023 4/4