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Madras High CourtWP/37560/2004dismissed as infructuous

C.Arunachalam v. The Joint Registrar

2019-10-16Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2019 CORAM :

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.Nos. 37560 & 37561 of 2004 and W.M.P.Nos. 45065 & 45067 of 2004

1. G.Arunachalam

2. E. Rajamurthi

3. T.Selvam

4. S.Murugesan ... Petitioners in W.P.No.37560/2004

1. A. Thamilvalavan

2. S.Uthrapathi

3. N.Mangayarkarasi ... Petitioners in W.P.No.37561/2004 Vs.

1.The Joint Registrar, Perambalur Zone Co-operative Societies, ... 1st Respondent in both WPs

2. The Special Officer, Alagapuram Primary Agriculture Co-operative Bank, Alagapuram P.O., Kavarapalayam Via., Udayarpalayam Taluk,

3. The Special Officer, YA-89, Periyathukurichi Primary Periyathukurichi P.O., Perambalur District. ..Respondents 2 & 3 in W.P.No.37560/2004

4. The Special Officer, Kattiyal Primary Agriculture Co-operative Bank,

5. The Special Officer, Suthamalli Primary ... Respondents 2 and 3 in W.P.No.37561/2004 W.P.No.37560/2004 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, calling for the records of the 1st respondent having Ref.Na.Ka.No.2484/.2004 Public Distribution Scheme dated 25.11.

2004 and quash the same in so far as it directs the transfer of the ration shops from Alagapuram Primary Agriculture Cco-operative Bank, the 2nd respondent herein to the YA-89 Periyathukurichi Primary Agriculture Co-operative Bank, the 3rd respondent herein, without the salesmen and consequently direct the 3rd respondent to continue to engage the services of the petitioners as Salesmen of the ration shops on the same service conditions under which they were recruited initially with continuity of service and all other monetary benefits. W.P.No.37561/2004 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, calling for the records of the 1st respondent having Ref.Na.Ka.No.2483/.2004 Public Distribution Scheme dated 25.11.

2004 and quash the same in so far as it directs the transfer of the ration shops from Kottiyal Primary Agriculture Cco-operative Bank, the 2nd respondent herein to the Suthamalli Primary Agriculture Co-operative Bank, the 3rd respondent herein, without the salesmen and consequently direct the 3rd respondent to continue to engage the services of the petitioners as Salesmen of the ration shops on the same service conditions under which they were recruited initially with continuity of service and all other monetary benefits. For Petitioners : Ms. C. Uma (in both WPs) For Respondents : Mr.L.Shanmuga Sundaram (in both WPs) Special Govt.

Pleader COMMON ORDER Learned counsel appearing for the petitioners submitted that the relief sought for in the Writ Petitions have become infructuous for the reason that the petitioners have already attained superannuation.

2. In view of the submission made by the learned counsel appearing for the petitioners, the Writ Petitions are dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Joint Registrar, Perambalur Zone Co-operative Societies,

2. The Special Officer, Alagapuram Primary Agriculture Co-operative Bank, Alagapuram P.O., Kavarapalayam Via., Perambalur Dsitrict.

3. The Special Officer, YA-89, Periyathukurichi Primary Periyathukurichi P.O.,

4. The Special Officer, Kattiyal Primary Agriculture Co-operative Bank, Perambalur Dsitrict.

5. The Special Officer, Suthamalli Primary Udayarpalayam Taluk,Perambalur District.

+1 cc to M/s.L.P.Shanmugasundaram, Advocate Sr.No.86773 +1 cc to The Government Pleader Sr.No.86857 & 86860 AKM/19.11.19/3P-8C / W.P.Nos. 37560 & 37561 of 2004 & W.M.P.Nos. 45065 & 45067 of 2004